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Individuals in Florida facing civil injunctions or criminal charges often wonder how this will impact their rights and their future. Whether you’re facing one or both, it is important to understand the difference between criminal domestic violence charges and civil injunctions so that you can protect your rights, avoid further consequences, and build up a strong defense strategy.

Understanding Criminal Charges Vs. Civil Injunctions in Florida

In the state of Florida, criminal charges are legal accusations against individuals who allegedly violated one or more laws. However, a civil injunction is a court order that means an individual will need to take certain actions or refrain from certain actions. Civil injunctions generally implement restrictions, while being found guilty of a criminal charge comes with legal consequences.

A Deep Dive Into Criminal Charges in Florida

In Florida, criminal charges are divided into two major types: felonies and misdemeanors. Felonies, generally, are much more serious than misdemeanors. Depending on the severity of a crime, a penalty can include jail or prison time, fines, and a permanent criminal record. Examples of common criminal charges include domestic violence, assault and battery, homicide, theft or burglary, drug crimes, and driving under the influence.

Criminal cases are filed by the state or federal government, with the prosecutor being responsible for bringing forward the charges. In criminal cases, the burden of proof falls on the prosecution to show the defendant is guilty beyond a reasonable doubt. A conviction can lead to a criminal record, which can have a serious impact on your personal and professional life. Unfortunately, criminal records can prevent people from securing certain housing and employment opportunities.

A Breakdown of Civil Injunctions

In contrast to criminal charges, injunctions are usually sought out in cases involving an individual who needs protection from another person. Injunctions are commonly brought forward in cases involving domestic violence, stalking, or harassment. Civil injunctions are also commonly known as restraining orders.

Civil injunctions are brought forward by a person known as the petitioner. The petitioner is ultimately seeking protection from another person who is known as the respondent. Although civil injunctions are not criminal legal orders, they can have serious negative consequences. A petitioner will need to show the validity of their case by proving a preponderance of the evidence. This means they must show it is more likely than not that the allegations occurred.

Civil injunctions generally restrict someone from something, meaning that a respondent may not be able to approach, contact, or harass the petitioner. A respondent may also temporarily lose some rights, such as their right to own firearms. Although an injunction does not lead to a criminal record, the violation of an injunction can result in criminal charges. If the defendant is found guilty, they can face prison time and fines.

Defense Against Civil Injunctions Vs. Criminal Charges

Both civil injunctions and criminal charges are serious legal matters that can profoundly impact your life in more ways than one. Therefore, it is critical to take these matters seriously if you are facing either of them. You should reach out to an experienced criminal defense lawyer as soon as possible.

If you have been accused of a criminal charge, a lawyer can assist you with challenging the evidence and argument brought forward by the prosecution. They can employ sound legal arguments with strong supporting evidence. They can look into all the evidence of your case, including witness statements and police reports, to make sure everything adds up. Furthermore, they can help you consider legal tactics, such as motions to dismiss and plea bargains.

For civil injunctions, an experienced lawyer can help you collect evidence that refutes the claims of the petitioner, including records of communication and statements from witnesses. Additionally, they can work to find and expose any inconsistencies in the testimony of the petitioner. Finally, they may work to negotiate the injunction terms to advocate for optimal case outcomes.

FAQs About Difference Between Criminal Charges and Civil Injunctions

What Is the Burden of Proof for a Domestic Violence Injunction in Florida?

In the state of Florida, for domestic violence injunctions, the burden of proof is “preponderance of the evidence.” The preponderance of the evidence ultimately implies that the petitioner will need to demonstrate the likelihood that an instance of domestic violence has occurred or that there is an imminent threat of violence.

What Is the Difference Between a Criminal Charge and a Lawsuit in Florida?

In Florida, a criminal charge is brought forward by state prosecutors if a person has been accused of violating the law, and can result in time in prison or jail, as well as hefty fines. Lawsuits are civil cases between two entities or individuals in which one party is looking for compensation in the form of money or other actions. While lawsuits, or civil cases, focus on handling disputes, criminal cases place emphasis on punishment.

Are Criminal Charges More Serious Than Civil Injunctions in Florida?

Yes, criminal charges tend to be more serious than civil injunctions in Florida. Criminal charges can lead to penalties such as jail time, fines, and a criminal record. On the other hand, a civil injunction restricts certain rights and freedoms and can potentially lead to criminal charges if violated. However, it does not come with serious criminal penalties.

Do Injunctions in Florida Always Come With Criminal Charges?

No, in the state of Florida, injunctions do not always come with criminal charges. Injunctions can be issued without the filing of any criminal charges, as they are protective orders with a lower burden of proof in place to keep further harm or contact between certain people from happening. In some cases, injunctions may be sought during or after criminal proceedings. If violated, injunctions can lead to criminal charges.

Work With an Experienced Criminal Defense Lawyer

Whether you are facing an injunction or criminal charges, it is critical to work with a skilled criminal defense lawyer who can help you mount a strong defense. A compassionate attorney from Kevin A. Raudt, P.A. is eager to ensure your rights are protected, support you with navigating complex legal processes, and serve as a passionate advocate for you. Contact us today to start discussing your case details and determine what your various legal options are.