civil litigation naples flInjunctions

Under Florida law, an injunction is essentially a “restraining order”, issued as a protection against violence. This order is meant to stop the violence or other abusive acts immediately or prevent future violence from occurring. If you are in need of an injunction you must petition the Court, we can assist you in this process. If you have already filed one on your own, we can assist you in prosecuting the case at the final hearing. When a petition for an injunction is filed, it goes immediately before the judge who determines whether or not a temporary injunction will be issued. After which a hearing will be held within 15 days to determine if the injunction should become permanent.

Similarly, if you have had an injunction entered against you, a family law attorney can assist you in determining the best course of action. If you have other cases pending, such as a divorce, paternity action, or battery charges it is important to discuss this with an experienced family law attorney as an injunction may have adverse consequences as it relates to your other cases. The court has a wide range of options when issuing both a temporary and permanent injunction. Some of the potential sanctions include, but are not limited to:

  • Entry of an order that provides no contact with the person requesting the injunction;
  • Entry of an order that the individual who has had the injunction issued against them to not go near certain places; including the residence, place of employment, school etc. of the person requesting the injunction;
  • Award exclusive use and possession of the home;
  • Award of temporary custody of children;
  • Award temporary child support;
  • Require the individual to submit to random alcohol or drug testing or evaluation;
  • Require the individual to undergo mental health evaluation or counseling;
  • Require the individual to take anger management classes;
  • Surrender of firearms or ammunition;

Additionally, if a permanent injunction is entered against you it stays with you forever on your record and a violation of that injunction is grounds for criminal charges. If you feel you need protection and need an injunction OR are threatened with having an injunction issued against you call McNamara Legal Services right away for a free consultation. We can help you protect yourself and your rights!

Landlord – Tenant Law

landlord tennant lawOver the years, legislatures at the federal, state and local levels have taken a great interest in adopting laws to regulate the relationships between landlords and tenants. The result is a complicated and often confusing body of law. Landlord tenant relations are heavily governed not only by the lease between the landlord and tenant, but also by specific laws that often differ between one municipality and another. What this means for you? Whether you are a Landlord with a non-compliant Tenant, or you are a Tenant who is being evicted or who’s rights are being violated it is important to talk to an attorney immediately. Missing deadlines and not taking the proper steps can often waive your rights leaving you with little to no relief! Additionally, if you do not prevail in the proceeding, you may be liable for the opposing party’s attorney’s fees on top of any expenses you may have incurred.

Landlord Legal Representation

We can represent landlords on a range of issues that arise under landlord and tenant law, including drafting and reviewing leases, land contracts, articles of incorporation or organization to litigation or mediation of landlord tenant disputes. If you are a landlord and feel you need to start the eviction process or take collection action on unpaid rent or the cost of repairing damage to the property, you should consult with an attorney who will explain how to avoid headaches by taking these actions in full compliance with the law. Simple mistakes or omissions can be extremely costly. Once you contact our offices, we will immediately begin the eviction process. We will file the eviction paperwork the same day we receive the notice.

Tenant Legal Representation

We represent tenants who believe their rights are not being respected. If you are threatened with an eviction, we can help ensure that your landlord follows the proper process and meets the requirements for eviction. It may be possible to extend the time constraints or even fight the validity of the eviction. If your landlord has not provided you with a safe and habitable residence, ensured that you have quiet enjoyment of the property or made reasonable repairs, there are processes you can follow to correct these deficiencies. We will help you get the remedy you need. We also represent tenants in security deposit disputes.

Preparing for Your Consultation

Whether you are a landlord or a tenant, please bring a copy of the applicable lease and any renewals or amendments. As many Landlord Tenant issues require an in depth education on the law and what you can do to protect yourself, the initial consultation is $150.00, and should you chose to retain our services for your need that consultation fee is waived. The old adage that “you get what you pay for” is never more true than in the legal field. And, while I’m on old adages, don’t forget that Abraham Lincoln is credited with saying that “a lawyer’s time and advice are his stock in trade.” In other words, all that we lawyers have to sell is our time and advice.

Begin Your Case Evaluation