Legal Question in Criminal Law in Florida

Temporary Injunction

My 19 year old daughter and her friend/roommate were served with an injunction to vacate the apartment they rent with two other females. One of the plaintiffs' father is their attorney. The charges are fabricated only to have my daughter and her friend vacate the apt. due to one of the plaintiff's being afraid because one of my daughter's other friends was attacked by an acquaintance of both my daughter and the other defendant. Do we need to hire an attorney or what is the best way to defend them at ths hearing? Should they bring witnesses to ''non-violent' behavior or request any info from the plaintiff's attorney. The order claims that the defendants partook in violent behavior against one of the defendant's 5 months ago but yet they never reported this. They also claim that they partake in behavior that could cause the damage - leaving doors unlocked, handing out keys to acquaintances (all untrue). My daughter and other defendant had (before given injunction) already requesed a transfer to another apartment - will this help as well? Please offer any advice possible..their hearing is on the 30th of January and we're really at a loss as to what to do. Thank you


Asked on 1/23/06, 12:50 pm

1 Answer from Attorneys
Hayward Dykes Jr. Rathel Law Group

Re: Temporary Injunction

Injunctions are kind of tricky. Some of it will matter on who the Judge is. For the most part if there is no police report or other evidence of violence it may be hard for them to convince a Judge they deserve an injunction. Most Judges don't like giving neighbors injunctions against each other. I would recommend speaking to an attorney to see if they could help with the hearing. Especially if they have an attorney, need to even out the playing field. Some judges don't really let the parties speak too much so don't be suprised if the judge doesn't want to hear from numerous witnesses. The requested transfer by your daughter and roomate if approved may be important to let the judge know thereby nullifing the need for an injunction. Best thing is to speak to an attorney and find out how much he/she will charge to help with the hearing on such short notice.

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Answered on 1/24/06, 9:33 am


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