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What is an injunction?

An injunction comes with heavy consequences and may be based on false testimony, exaggerations, or an effort to damage your reputation in a child custody battle or as a vindictive act by a relationship partner. In these cases, you need the help of an attorney who knows the system, what to do to protect you, and your right to access your home, children, and property.

What can an injunction do?

An injunction may be filed against you, restricting your movements, where you can be present, or your access to your home, children, property, or right to own or carry a firearm. Any violation of the injunction can lead to an immediate arrest. Not all injunctions are fair; the order may have been based on false accusations, or the situation may have changed. The only method by which an injunction can be dismissed or modified is through the court system. At Correa & Martinez Trial Lawyers, we can help you seek to remove the restrictions imposed by an injunction with your name on it.

Types of injunctions

Injunctions for protection can be temporary or permanent. These injunctions require the person to show at a court hearing that they have been a victim or has reasonable cause to believe he or she is in imminent danger of harm. The types of injunctions include:

  • Domestic violence: These injunctions have the purpose of protecting adults, but children may also be included. 
  • Repeat violence: These injunctions have the purpose of protecting adults and minors and are appropriate in cases in which two or more incidents of violence or stalking occur.
  • Dating violence: These injunctions are geared to protect a dating partner from violence. The individual must have reasonable cause to believe they are in imminent danger. 
  • Sexual violence: These injunctions for protection are issued by the court to protect against sexual battery, sexual acts against a child under 16, luring or enticing a child, or sexual performance of a child.
  • Stalking: Protection for children and adults requires two incidents of stalking or cyberstalking.
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How to get an injunction dismissed?

The sole method by which an injunction can be dismissed or modified is in court. Once the court has issued the injunction, you need the help of an attorney to take steps to release you from the restriction imposed by the order. This process involves scheduling a hearing in front of a judge. If the judge will not modify or dismiss the injunction, the decision can be appealed. It is imperative that the process of modifying or removing the restrictions imposed by an injunction is managed by an attorney well-versed in what the court needs to hear and how to present the facts in the most compelling, persuasive manner. 

The impact of injunction 

You could be forced to vacate the family home and lose access to your possessions unless accompanied by a law enforcement officer. A parent may be restricted from visiting his or her children without supervision or be forced to pay child support to the other parent, even if the accusations of violence are false or greatly exaggerated. If you are in this position, contact Correa & Martinez Trial Lawyers for assistance to resolve these issues.

Why choose Correa & Martinez Trial Lawyers for help?

At Correa & Martinez Trial Lawyers, the situation surrounding an injunction will be addressed by a talented trial attorney who understands the legal process, what to present to the court to have the restrictions lifted, and who will fight relentlessly for your rights and interests. Our trial lawyers bring a rare level of knowledge, experience, and personalized attention to these critical cases. We are accessible to our clients and serve them with compassion, understanding, and uncommon skill in court.

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