Being harassed by a neighbor can be very annoying, sometimes scary, and negatively affect your daily life. You have the right to feel safe and protected in your home and community and free from harassment. If you're dealing with harassment from a neighbor, it's essential to understand your legal rights and how to file an injunction in Florida so you can go back to feeling safe and protected.
More commonly known as restraining orders, an injunction is a legally binding court order signed by a judge that orders the specified party named in the petition not to contact the petitioner (you) or harm them physically or mentally. The courts put a civil order in place to protect you and keep you safe from harassment and abuse. If that restraining order is violated by the specified party (the neighbor), then it becomes a criminal matter. The neighbor may then be arrested – and prosecuted – for violating the injunction.
While restraining orders are often considered for domestic violence cases, they can also be ordered in certain circumstances against a neighbor. If you've been subject to repeated violence or stalking, a lawyer can help you petition the court to get a restraining order against a neighbor.
If you are experiencing harassment or threats from a neighbor, it can be a very frightening situation. Fortunately, there are legal options available to protect yourself and your family. In Florida, one option is to obtain a restraining order against your neighbor.
A restraining order, also known as an injunction for protection, is a court order that prohibits someone from having contact with you or coming within a certain distance of you. This can include physical contact, phone calls, texts, emails, and even social media communication. Violating a restraining order is considered a criminal offense in Florida and can result in arrest and prosecution.
Restraining orders are often associated with domestic violence cases. Still, they can also be ordered in cases of stalking, harassment, or any other situation where a person feels threatened or unsafe. They are designed to provide immediate protection for victims and can be issued by a judge without the abuser being present.
A civil injunction attorney is experienced and knowledgeable about the injunction process. When facing neighbor harassment, it's highly recommended to work with one to ensure your petition is detailed.
Once you file your petition, you will be assigned a formal hearing date by the courts within a few weeks. The judge will decide whether your petition against your neighbor will be approved or denied at this hearing date.
The court has specific requirements to approve legal protection. An injunction can be denied for insufficient evidence or circumstances, which may include:
There are two types of injunctions that are typically utilized to protect an individual from neighbor harassment or harm: stalking and repeated violence.
The definition for “harass” is “to engage in the course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.”
According to Florida Statute § 784.048, stalking is when a person “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person.” Harassment may be verbal threats of violence, such as a neighbor coming into your yard, confronting you and screaming at you, or threatening to hit or harm you physically in other ways. An isolated incident will not be enough. There must be at least two incidents that indicate a repeated pattern of behavior.
If neighbor harassment increases to the level of repeat violence, you can also file an injunction as long as there have been at least two incidents, the violence was from the same person, and at least one of the incidents occurred within the last six months.
In addition to filing an injunction for repeat violence, you can also seek a protective order for a neighbor's assault in Florida. This is known as a restraining order or an order of protection.
A protective order is typically requested if immediate protection is needed and there is evidence that the neighbor poses a threat of physical harm or abuse. It can be filed regardless of whether the incidents occurred within the last six months or were committed by the same person.
To obtain a protective order, you must petition the court and provide evidence of the neighbor's violent behavior. This can include police reports, witness statements, and other documentation supporting your claim.
Once the petition is filed, a hearing will be scheduled, at which both you and your neighbor can present your case. If the court determines enough evidence to warrant a protective order, it will be issued for a specific period, usually between 6 months and a year.
During this time, the neighbor must stay away from you and refrain from any contact or communication. They may also be required to attend anger management classes or seek counseling.
Neighbors who violate the protective order can face legal consequences, such as fines or jail time. It is essential to document any violations and report them to the authorities.
An injunction in Florida is filed at the County Clerk’s office. Once submitted, the court will initially review it to determine if a temporary injunction needs to be put in place, which could go either way, depending on the evidence and detailed circumstances included in the petition. It's important to know how to document neighbor harassment for your safety and protection.
It's crucial to write down dates, times, locations, and what happened if you have been the victim of neighbor harassment. If you have any tangible evidence, such as letters or notes from the neighbor, that can be submitted as well. Security footage from security cameras, Ring doorbells, or mobile phone recordings (audio or video) can also be significant evidence to prove your need for an injunction.
After deciding whether or not the temporary injunction is granted, a hearing will be set for both parties to appear in court. If the judge rules that there are sufficient circumstances and/or evidence, the injunction will be approved. Your attorney leads as your advocate in the hearing to protect your rights, safety, and need for protection against harassment and violence.
Personal physical safety, emotional health, and protection from violence are serious matters. Individuals have the right to feel safe and not live in fear of harassment or violence from a neighbor.
Completing the petition for an injunction and proving stalking and repeated violence in a court of law can be complex and challenging. When you are preparing to file an injunction in Florida, it is beneficial to hire an attorney to make sure it is done correctly, and you are meeting the basic requirements a judge will be looking for in the petition. An attorney has comprehensive knowledge of the law to file a petition for an injunction.
After the judge grants the temporary injunction, it is good to have an attorney assist you in presenting the need for a permanent injunction in court. Any attorney can help you prepare your testimony and line up your witnesses for the hearing. Your attorney will know how to present evidence that will be persuasive to the court. Your attorney will also be able to cross-examine your neighbor and challenge your neighbor's position.
If you are dealing with neighbor harassment and believe the situation and evidence amount to stalking or repeated violence, The Denson Firm is here to help. We work diligently for your rights to safety and protection.
At The Denson Firm, we assist people with Petitions for Injunction filed AGAINST them. If you have a neighbor who has filed an injunction against you, it is a good idea to obtain representation to defend against the petition. Petitions with No Contact Orders can result in people not living in their homes or having to leave the area. We can challenge the allegations made against you, cross-examine the witnesses, and assist you in preparing your defense.
Contact us today for a free consultation.
How much does it cost to file an injunction in Florida?
In Florida, there is no filing fee for injunctions related to stalking, repeat violence, domestic violence, dating violence, or sexual violence. You can file the petition for free at your local County Clerk’s office. However, if you choose to hire an attorney to guide you through the process or represent you in court, those legal fees will vary depending on the complexity of your case.
What are the grounds for an injunction in Florida?
You can file for an injunction in Florida if you’re experiencing behaviors such as stalking, repeat violence, sexual violence, dating violence, or domestic violence. When it comes to neighbor harassment, the most relevant grounds are usually stalking or repeated violence, both of which require documentation of multiple incidents that cause emotional distress and serve no legitimate purpose.
What Is Required to File an Injunction in Florida?
You must submit a detailed petition to your county clerk’s office to file an injunction in Florida. The petition should include dates, times, locations, and descriptions of specific incidents that support your request for legal protection. Tangible evidence, such as threatening messages, video footage, witness statements, or police reports, can strengthen your case. If a temporary injunction is granted, both parties will be scheduled for a court hearing where a judge will decide whether to issue a permanent injunction.
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