Injunctions of protection in Florida are serious matters. They can be invaluable to the person for whom they provide vital protection. They can also have a substantial impact on the person who is restrained by their terms. Depending on the type of injunction entered by the court, you may be able to challenge the entry of that order through the appeals process, even if the injunction has already expired on its own. Initiating a challenge may be extremely important because, depending on the type, an injunction of protection may have a substantial impact on your life, including finding housing, obtaining employment, and owning firearms. To mount a strong challenge, be sure to retain the services of an experienced Florida domestic violence attorney.
A recent case from Palm Beach County offers an example of how this process can work and when it is not available. The underlying case was a dispute between Joseph and Barbara. Joseph accused Barbara of stalking him and sought a protective injunction. After a “brief but thorough” hearing, the trial judge granted the man the injunction he sought. Many of these types of injunctions have expiration dates, after which the injunction ceases to be effective. The expiration date of this injunction was December 29, 2017.
Barbara appealed, but, before her appeal case could be heard, December 29, 2017 came and went. The appeals court, as a result, asked Barbara to make an argument as to why the appeal should not be dismissed as moot. (Mootness refers to a circumstance when the matter at issue has ended or been resolved, meaning that there is no “live dispute” still pending.) Barbara argued that a successful appeal and successful challenge to what she asserted were the inappropriate actions of the trial court would allow the public record to reflect that she did nothing to violate Florida law.