Injunctions

We have the resources and experience to help protect you against a spiteful and potentially dangerous spouse.

Daytona Beach Injunctions Laywer

Helping Secure Injunctions in Florida

An injunction is a court order which prevents one person from doing something harmful to another. In some cases, one may petition for an injunction based on past behavior to prevent said behavior from occurring again. In other cases, someone may petition for an injunction out of concern for their safety or well-being, and to prevent certain actions from occurring at any point in the future.

It is a sad reality, but when divorce proceedings turn volatile, filing for an injunction may be the logical next step. This is why you should consider hiring a Daytona Beach family law attorney from the firm of Buckmaster & Ellzey for assistance in either securing or fighting an injunction. At Buckmaster & Ellzey, we have the resources and experience to help protect you against a spiteful and potentially dangerous spouse. However, we will also fight to make sure your former partner does not use the injunction process to prevent you from living your life. Contact our professional and compassionate team of attorneys now, and start advocating for your rights today.


For counsel that will always put your needs first, call our office at (888) 785-6548.


Understanding Injunctions

In the state of Florida, civil injunctions are also known as restraining orders. There are two types of parties involved in the filing process for restraining orders/civil injunctions, the petitioner and the respondent.

Petitioners may file for either a preliminary or permanent injunction against a respondent. Preliminary injunctions are filed for in cases where no harm has come to the petitioner yet, but they have received threats or have reason to believe they may be harmed in the future. This type of injunction is more common in divorce proceedings, and is usually put in place for anywhere between one month and a year at a time. In many cases, premilitary injunctions are filed by a petitioner to give the respondent time to change their behavior.

However, in cases where the petitioner has already suffered harm at the hands of the respondent, or has a reason to believe the respondent will not change their dangerous or threatening behavior in the future, they may be able to secure a permanent injunction. This kind of injunction remains in place until further notice. To invalidate a permanent injunction, either the petitioner or respondent must file a petition with the court. For this petition to be successful, significant change in the behavior or circumstances of either party must be demonstrated.

The 5 different types of protective civil injunctions available in the state of Florida are:

  • Domestic violence injunctions
  • Sexual violence injunctions
  • Dating violence injunctions
  • Repeat violence injunctions
  • Stalking injunctions

Call (888) 785-6548 for Legal Assistance Today

No one should suffer so much during a divorce or separation that they live in fear. From domestic violence to stalking, every cause for filing a civil injunction is incredibly serious, and deserves to be handled by a court of law. Conversely, being falsely accused of this behavior can have devastating consequences as well, affecting everything from where you live to whether you are allowed to see your children.

For a reputable firm with extensive knowledge of injunctions and other family law matters, the choice is clear. Buckmaster & Ellzey has over 40 years of experience, and a proven track record of securing results for clients. From mediations to modifications, our Daytona Beach lawyers are compassionate, tenacious, and tireless when it comes to securing you results. Contact Buckmaster & Ellzey today, and start fighting for the legal protection you need.


For questions, consultations and more, please fill out our contact form online.


 

Injunctions

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Frequently Asked Questions

  • Q: If I’ve Been Arrested, What Rights Do I Have?
    A: In our country, being arrested does not deprive you of the many rights you have as a citizen. When you were arrested, you should have been informed of your Miranda Rights. You may ask the police officer why you are being arrested and can refuse to answer questions regarding the charges. You have the right to an attorney and the right to a fair and speedy trial. Using a qualified and experienced Daytona Beach criminal defense attorney will work to your advantage in ensuring your rights are protected.
  • Why Should I Hire an Attorney to Represent Me?

    In the case of Buckmaster & Ellzey, we have prosecuted thousands of cases as an Assistant State Attorney. On the side of criminal defense, we have defended hundreds of individuals, such as you, that have faced charges for criminal offenses. Having served on both sides gives us a unique opportunity to fight for our clients.

    We understand how prosecutors operate, the types of evidence that they will bring forth and what arguments they are likely to pursue in a criminal case. This first-hand knowledge allows us to better prepare and successfully resolve cases.

  • What Are the Differences Between a Misdemeanor and a Felony?
    Generally, misdemeanors are considered minor offenses. The fines for them will be relatively small and any time spent in jail will be in terms of weeks or months, not years. A felony conviction can result in steep fines, probation, parole and prison sentences for years. They can remain on your permanent record and may adversely affect future educational and employment opportunities. With the assistance of an attorney who is willing to aggressively defend your rights, felony charges can sometimes be reduced to misdemeanors.
  • What Happens Now That I’ve Been Charged With an Offense?
    The first step will be what is known as an arraignment. A judge will tell you the charges against you and there are many decisions that will need to be made at this time, such as how you will plea to the charges, what bail will be set at and others. We understand that facing criminal charges can be tough and would like you to take advantage of our experience to help you successfully navigate through the criminal justice system.
  • How Are Child Support and Alimony Calculated in Florida?
    If you are going through a divorce, you may be concerned about how much child support or alimony you can receive or will be expected to pay. Alimony is ordered to ensure that both spouses have an equal opportunity of maintaining the same standard of living they enjoyed during the marriage. The higher-earning spouse makes payments to the lower-earning spouse. The amount of the payment is determined based on one party’s need and the other party’s ability to pay. This involves the consideration of a variety of factors, including the length of the marriage, each party’s contribution to the marriage, and the ability of the unemployed spouse to obtain work. Child support, on the other hand, is determined based on Florida’s statutory guidelines. To calculate a child support payment, the court considers the total income of both parties, minus any deductions. The child support order is ultimately determined by what amount is needed to cover the child’s basic living expenses, including food, shelter, childcare, education, and healthcare.

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Read What Our Past Clients Had to Say
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    “He is well-versed in the legal process and protocols. Fortunately, the criminal complaint made against me was frivolous and without merit. Even so, I was able to sleep much better knowing that Jeremy was in my corner.”

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    “Not every case works in your favor but knowing you have the right attorney to fight on your behalf is vital. Thankfully having Buckmaster & Ellzey have my back was a success.”

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    “Mr. Buckmaster was thorough in explaining legal jargon and procedures that were very alien to me. He was able to suggest my best courses of action and get my charges to a more manageable place so I could have a shot at a good future in society.”

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    “They were knowledgeable, prompt, professional, and courteous. They took what could be a potentially confusing situation and guided me with stress-free assistance.”

  • Gets the Best Results

    “Jeremy worked hard and smart to get only the best results. Another thing that stood out and was most appreciated was the excellent communication, by phone, email, regular mail, and in person. I always knew what was going on in a timely and efficient manner”

Why Hire B&E?
Here are Five Reasons

  • Client-Focused Representation
  • A Team of Compassionate Advocates on Your Side
  • Former State Prosecutor
  • 40+ Years of Collective Experience
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