Injunction Defense & Prosecution

Protecting Your Rights—Whether You're Filing or Defending Against an Injunction

Injunctions—often called restraining orders—are court-issued orders meant to protect someone from threats, violence, or harassment. But they are also powerful legal tools that can dramatically affect the lives of both parties involved. Whether you're seeking protection or you’ve just been served with an injunction, you are likely feeling overwhelmed, emotional, and unsure of what comes next.

My name is Kathleen Bogenschutz, I’m a defense attorney. Bogenschutz PLLC offers experienced, compassionate representation for both petitioners (those seeking protection) and respondents (those defending against an injunction). Serving clients in Tallahassee, Destin, and throughout North Florida, I bring a steady, strategic, and deeply caring approach to cases involving personal safety, reputations, and the right to be heard.

Firearms and Injunctions

When someone is served with an injunction, it can immediately affect their rights, including the right to possess firearms. In most cases, they’ll be required to surrender any firearms they own for the duration of the injunction. If they fail to comply, even unintentionally, they could face criminal charges. These are serious consequences, which is why it's important to work with an attorney who understands how to protect your rights from the start.

Types of Injunctions in Florida

Florida law provides for several types of injunctions, depending on the nature of the alleged violence or threat. Each type comes with different requirements and legal consequences, and each must be taken seriously.

I represent clients in all types of civil injunctions, including:

1. Domestic Violence Injunction

Filed when the petitioner and respondent share a familial or household relationship—spouses, ex-spouses, parents of a child, relatives, or roommates. These injunctions often arise during or after family conflict or divorce.

2. Dating Violence Injunction

Applies when the petitioner and respondent had a romantic or intimate relationship within the past 6 months. Dating violence injunctions don’t require cohabitation or shared children, only a relationship defined by affection and frequent interaction.

3. Repeat Violence Injunction

Filed after two or more incidents of violence or stalking, one of which must have occurred within the past six months. This type is used when the parties are not in a romantic or domestic relationship—such as neighbors, classmates, coworkers, or acquaintances.

4. Sexual Violence Injunction

Can be filed regardless of relationship after incidents of sexual battery, lewd conduct, or attempted sexual violence.

5. Stalking Injunction

Filed when someone is subjected to repeated unwanted contact, surveillance, harassment, or cyberstalking that causes emotional distress. These injunctions often involve allegations of obsessive behavior, threatening messages, or online tracking.

If You Are Seeking an Injunction (Petitioner)

If you're in danger, feel threatened, or need protection from someone in your life, I will help you move quickly and carefully. Filing an injunction can be a lifeline—but it can also be stressful, especially when the other party pushes back.

I help clients:

• Gather and present credible evidence
• File for emergency temporary injunctions
• Prepare for and attend the final hearing
• Document digital harassment or stalking
• Navigate any overlapping family or criminal court issues
• Ensure your request meets Florida’s legal standards

I listen without judgment, advocate fiercely, and help you feel supported in one of the most vulnerable moments of your life.

If You Are Defending Against an Injunction (Respondent)

Receiving an injunction—even if it feels unfair or untrue—is a serious legal matter. It can impact your job, your ability to see your children, your right to own firearms, your immigration status, and your public reputation. And it can happen quickly. Many people don’t realize that you may only have a few days to prepare for your final hearing.

I defend against injunctions by:

• Examining the facts and evidence behind the petition
• Challenging false or exaggerated claims
• Preparing witnesses and collecting favorable testimony
• Identifying ulterior motives (such as custody or divorce strategy)
• Advocating for your rights in court
• Negotiating terms or pursuing dismissal where appropriate

I understand that being accused doesn’t mean you’re guilty—and that your side of the story deserves to be heard.

What Happens at an Injunction Hearing?

Within days of filing, the court will set a final hearing where both parties can present evidence, call witnesses, and argue their case. This hearing will determine whether a temporary injunction becomes permanent (usually lasting for a set period or indefinitely). It’s not something to go into unprepared.

I take the time to build a thorough, honest, and strategic case for every client—no matter which side they’re on. Injunction hearings move fast, but I move faster.

Can an Injunction Affect My Criminal Case?

Yes—and it works both ways. Sometimes, injunctions are filed alongside or before criminal charges. Other times, they’re used to influence custody arrangements or create a record of alleged behavior.

If you are facing both civil and criminal legal matters, it’s critical that your attorney understands how one can impact the other. I have extensive experience balancing overlapping legal issues and protecting my clients from unintended consequences. I’ll help you avoid saying or doing something in civil court that could harm your position in criminal court.

You Deserve to Feel Safe—And Heard

Whether you’re trying to escape a violent situation or you’ve been wrongly accused, I bring a balanced, steady voice to emotionally charged cases. My approach is calm, compassionate, and grounded in truth. I know that injunction cases are personal and emotional—but that they also require precision and strength.

I’ll be by your side, helping you navigate the emotional terrain and the courtroom, every step of the way.

Contact Bogenschutz PLLC for Help With Injunctions in North Florida

You don’t have to go through this alone. I’m here to help—whether you need immediate protection or a strong defense against a false or exaggerated claim. My work spans the North Florida region, and I am deeply committed to protecting both people and their rights.

Call (850)273-8327 today for a confidential consultation, or fill out the form below to get started.

We’ll face this together.

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