Although the First Law of Thermodynamics states that energy can neither be created nor destroyed, in Florida’s legal system, injunctions absolutely can be created and destroyed.

The Power of Injunctions

Injunctions are powerful legal tools that can be used for many purposes. They may prevent dating, domestic, or sexual violence, stop stalking and cyberstalking, and prohibit the exploitation of vulnerable adults—even by family members.

While injunctions can be life-saving, they can also be misused. Sometimes they are weaponized as a legal cudgel, improperly applied to intimidate or harm another person.

A Case of Creating an Injunction

Last month, in the span of only ten days, JJK/LLC helped clients both destroy an improperly obtained injunction and create one to stop abuse.

One case involved AJS, who married a man she thought she knew after dating him for eighteen months. Shortly after their March wedding, his angry, narcissistic, and abusive personality surfaced. In only six months, through manipulation, mental and physical abuse, he took control of the marriage and stripped AJS of her most valuable belongings, including her home.

Florida law provides tools to protect abuse survivors. Within fifteen days, JJK/LLC secured a court order that prohibited AJS’s spouse from contacting her in any way and granted her exclusive possession of her home, protecting her from further harm.

A Case of Destroying an Injunction

In another case, JRD awoke to discover he was prohibited by court order from having contact with his father, whom he had cared for exclusively for fifteen years. His brother, JMD, had filed a petition for an injunction to prohibit exploitation of the elderly.

The petition, however, was built on lies. JMD fabricated incidents, attached irrelevant documents, and pursued the injunction to gain control of his father’s assets, including life insurance and social security income.

Shockingly, the court granted JMD an ex parte injunction—an order entered without a hearing—based solely on his sworn petition. Florida law permits such injunctions only under limited circumstances, and they typically expire after fifteen days or once a full hearing occurs.

Knowing time was critical, JJK/LLC filed a Motion to Dismiss based on lack of legal standing and demanded a hearing within five days. The judge who originally granted the injunction recused himself, and the successor judge promptly dismissed the case.

Sword and Shield: The Dual Nature of Injunctions

These two very different cases illustrate the dual nature of injunctions. They can serve as a shield to protect against abuse, or as a sword wrongfully wielded to advance selfish or malicious purposes.

Using Injunctions in Florida Wisely

Injunctions are among the most powerful tools in Florida’s legal system. They can create safety, protect property, and uphold justice. But when misused, they can cause serious harm. Whether used to stop domestic violence or dismissed when filed in bad faith, injunctions demand careful handling by attorneys who understand how to leverage them properly.

At JJK/LLC, we recognize the immense power of injunctions—whether to create protection or to destroy injustice—and we know how to use them to safeguard our clients.

Contact us today for a free case review.