Understanding Your Rights – Whether You Need Protection or Are Fighting a Wrongful Order
Injunctions, also known as restraining orders, play a crucial role in protecting individuals from harm. However, they can also be misused, leading to false accusations, legal complications, and serious consequences for the accused. If you are in Pinellas County and need to file for an injunction or fight against one, understanding your legal rights is essential.
At McGuire Megna Attorneys, we represent both petitioners and respondents in injunction cases. Whether you are seeking protection from violence, stalking, or harassment, or you need to fight a false restraining order, we are here to help.
Types of Injunctions in Florida
Florida law recognizes five main types of injunctions, each designed for specific situations:
1. Domestic Violence Injunction
✔ Protects individuals from physical abuse, stalking, or threats by a spouse, ex-partner, or family member.
✔ May include no-contact orders, removal from shared housing, and firearm restrictions.
✔ Often requested during divorce or custody battles.
2. Stalking & Cyberstalking Injunction
✔ Designed for victims of persistent harassment, threats, or online abuse.
✔ Prohibits digital contact, social media interactions, and physical proximity.
3. Repeat Violence Injunction
✔ Available to individuals who have experienced at least two incidents of violence or threats within six months.
✔ Often used for disputes between coworkers, neighbors, or acquaintances.
4. Sexual Violence Injunction
✔ For victims of sexual assault or exploitation, regardless of whether criminal charges were filed.
✔ Can include strict no-contact provisions and mandatory distance requirements.
5. Dating Violence Injunction
✔ Filed by individuals in a past or present romantic relationship who have experienced violence or threats.
✔ Often results in relocation orders, firearm surrender, and contact restrictions.
Each injunction type carries serious legal implications, affecting child custody, employment, and personal freedoms.
Filing for an Injunction in Pinellas County
If you feel threatened, harassed, or in danger, you can file for a temporary restraining order at the Pinellas County Courthouse. The court will:
✔ Review your request and may issue a temporary injunction immediately.
✔ Schedule a hearing to determine whether a permanent injunction should be issued.
✔ Allow the accused party to respond and present evidence.
What You Need to File:
✔ A detailed account of the threats, violence, or harassment.
✔ Any police reports, text messages, emails, or witness statements.
✔ Evidence of injuries, damage, or repeated unwanted contact.
At McGuire Megna Attorneys, we help prepare and present your case effectively, ensuring you get the protection you need.
Defending Against a Wrongful Injunction
Unfortunately, restraining orders can be used unfairly—sometimes as a tactic in divorce, child custody disputes, or personal conflicts. A false injunction can:
- Restrict where you can go and who you can contact
- Result in job loss or professional license suspension
- Lead to the loss of gun ownership rights
- Appear on background checks, damaging your reputation
- Increase the risk of arrest if the petitioner makes false claims of violation
If an injunction has been wrongfully filed against you, it is crucial to:
✔ Gather evidence (texts, emails, call logs, security footage).
✔ Find inconsistencies in the petitioner’s claims.
✔ Hire an experienced attorney to challenge the order in court.
At McGuire Megna Attorneys, we have successfully defended clients against false restraining orders, proving inaccurate claims and exposing false allegations.
What Happens If You Violate an Injunction?
Even if an injunction is unfair, violating it can lead to serious legal consequences, including:
✔ Immediate arrest
✔ Misdemeanor or felony charges
✔ Jail time and fines
✔ Permanent criminal record
If you are accused of violating an injunction, do not take it lightly. A skilled lawyer can help prove misunderstandings, challenge false claims, and defend against harsh penalties.
Contact McGuire Megna Attorneys for Expert Injunction Representation
Whether you need to file for an injunction to protect yourself or fight against a wrongful restraining order, having the right legal team on your side is essential. At McGuire Megna Attorneys, we provide aggressive, strategic, and compassionate legal representation for individuals facing injunction cases in Pinellas County and throughout Florida.
Time is critical in injunction cases—the sooner you take action, the better your chances of achieving a favorable outcome. Don’t face this legal battle alone. Let our experienced attorneys protect your rights, reputation, and future.