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Enforceability of an injunction violating the law

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Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Florida

I received a permanent injunction from court for posting messages on my neighbor. In the injunction, requested by my neighbor, court ordered me to do not post any more defamatory comments on my neighbor but did not provide any sample defamatory statements or a description of such defamatory statements or what statements are defamatory. It seems my neighbor’s attorney is not an expert in these matters. Fla. R. Civ. P., Rule 1.610(c) is the following: “Every injunction shall specify the reasons for entry, shall describe in reasonable detail the act or acts restrained without reference to a pleading or another document”. Therefore, the injunction violated this rule. Now my neighbor is threatening me that he will file contempt charges on me for violating the injunction.

Can the court enforce this injunction if I raise this Rule 1.610(c) violation issue when there is a hearing on my neighbor’s contempt motion? Deadline for rehearing and appeal on this injunction have long passed. In general, what will happen if a court tries to enforce an injunction which is violating Florida rules of civil procedure?
You've reached a false legal conclusion. The injunction has NOT violated the rule. You are specifically restrained from posting defamatory statements. Defamation is a legal term that is defined in the law. As such, the order was very specific.
 

Taxing Matters

Overtaxed Member
What is the name of your state (only U.S. law)? Florida

I received a permanent injunction from court for posting messages on my neighbor. In the injunction, requested by my neighbor, court ordered me to do not post any more defamatory comments on my neighbor but did not provide any sample defamatory statements or a description of such defamatory statements or what statements are defamatory. It seems my neighbor’s attorney is not an expert in these matters.
No, I would say YOU are not expert in legal matters. The injunction does not have to specify samples or descriptions of defamatory language. What amounts to defamation is clearly defined in state case law and thus an injunction against posting defamatory statements would be sufficient enough to put you on notice of what conduct is prohibited. If the court finds you posted defamatory statements after the date of the injunction you can expect to face the consequences for violating the order. You could have easily avoided the problem by simply not posting anything about your neighbor after the order was issued. Are you that intent on keeping up this battle with your neighbor that you are willing to risk fines or other penalties for contempt?
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? Florida

I received a permanent injunction from court for posting messages on my neighbor. In the injunction, requested by my neighbor, court ordered me to do not post any more defamatory comments on my neighbor but did not provide any sample defamatory statements or a description of such defamatory statements or what statements are defamatory. It seems my neighbor’s attorney is not an expert in these matters. Fla. R. Civ. P., Rule 1.610(c) is the following: “Every injunction shall specify the reasons for entry, shall describe in reasonable detail the act or acts restrained without reference to a pleading or another document”. Therefore, the injunction violated this rule. Now my neighbor is threatening me that he will file contempt charges on me for violating the injunction.

Can the court enforce this injunction if I raise this Rule 1.610(c) violation issue when there is a hearing on my neighbor’s contempt motion? Deadline for rehearing and appeal on this injunction have long passed. In general, what will happen if a court tries to enforce an injunction which is violating Florida rules of civil procedure?
Here is a thought...Why don't you just leave your neighbor alone.
 

devanto

Junior Member
Thanks a lot for your feedback. In fact, I did not post any messages after the injunction was entered, and of course, after seeing your responses, I will not post.

I heard that, along with the motion for contempt, my neighbor’s attorney should file an affidavit stating that I have violated the injunction. If my neighbor (through his attorney) files a motion for contempt and once that motion is dismissed, can I complaint to Bar Counsel against his attorney for wrongly filing that?
 

Zigner

Senior Member, Non-Attorney
Thanks a lot for your feedback. In fact, I did not post any messages after the injunction was entered, and of course, after seeing your responses, I will not post.

I heard that, along with the motion for contempt, my neighbor’s attorney should file an affidavit stating that I have violated the injunction. If my neighbor (through his attorney) files a motion for contempt and once that motion is dismissed, can I complaint to Bar Counsel against his attorney for wrongly filing that?
Give it up already - sheesh :rolleyes:
 

Eekamouse

Senior Member
Thanks a lot for your feedback. In fact, I did not post any messages after the injunction was entered, and of course, after seeing your responses, I will not post.

I heard that, along with the motion for contempt, my neighbor’s attorney should file an affidavit stating that I have violated the injunction. If my neighbor (through his attorney) files a motion for contempt and once that motion is dismissed, can I complaint to Bar Counsel against his attorney for wrongly filing that?
Is that axe you're grinding against your neighbor really so dull that you just can't stop trying to sharpen it? That's pretty childish, you know. And in the end, what does it accomplish? Nothing at all.
 

Just Blue

Senior Member
Is that axe you're grinding against your neighbor really so dull that you just can't stop trying to sharpen it? That's pretty childish, you know. And in the end, what does it accomplish? Nothing at all.
Actually in the end OP will likely end up in prison.
 

Taxing Matters

Overtaxed Member
Thanks a lot for your feedback. In fact, I did not post any messages after the injunction was entered, and of course, after seeing your responses, I will not post.

I heard that, along with the motion for contempt, my neighbor’s attorney should file an affidavit stating that I have violated the injunction. If my neighbor (through his attorney) files a motion for contempt and once that motion is dismissed, can I complaint to Bar Counsel against his attorney for wrongly filing that?
You may make a complaint, if you wish to waste your time. Nothing will come of it unless the motion was completely baseless. Simply getting the motion denied does not mean the motion was frivolous.
 

Zigner

Senior Member, Non-Attorney
To be clear, the other party has only threatened a contempt motion...per the OP.
 

Zigner

Senior Member, Non-Attorney
To be clear...This will not end well if the OP keeps up with the anger. :(
Right -

My response was directed toward Taxing Matters' comment about making a complaint (I should have quoted TM). I was just pointing out that a complaint, at this time, would be premature because there's nothing to complain about.
 

Just Blue

Senior Member
Right -

My response was directed toward Taxing Matters' comment about making a complaint (I should have quoted TM). I was just pointing out that a complaint, at this time, would be premature because there's nothing to complain about.
I agree....

:)
 

devanto

Junior Member
Thanks a lot again. I will follow your advice and will not file anything with Florida Bar, at least for now.

In the injunction, court also ordered me to take actions to remove the postings I have made (prior to the injunction date) but injunction did not explain what kind of actions or how to take them. All those postings were made in public forums which I do not own and have no control to remove/modify. After the injunction was issued, I sent letters and a copy of injunction, to those forum owners, asking them to remove those postings (I have proof s that I sent those letters). Is this enough that I complied with the injunction?

Another question is that the injunction did not give any deadline for me to send these letters to public forum owners AND did not give any deadline by which those postings should actually be removed from the forums. Can I also use Fla. R. Civ. P., Rule 1.570(c)(1). Which says: “the judgment shall specify the time within which the act shall be performed” in case my neighbor files the motion for contempt?
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Florida

I received a permanent injunction from court for posting messages on my neighbor. In the injunction, requested by my neighbor, court ordered me to do not post any more defamatory comments on my neighbor but did not provide any sample defamatory statements or a description of such defamatory statements or what statements are defamatory. It seems my neighbor’s attorney is not an expert in these matters. Fla. R. Civ. P., Rule 1.610(c) is the following: “Every injunction shall specify the reasons for entry, shall describe in reasonable detail the act or acts restrained without reference to a pleading or another document”. Therefore, the injunction violated this rule. Now my neighbor is threatening me that he will file contempt charges on me for violating the injunction.

Can the court enforce this injunction if I raise this Rule 1.610(c) violation issue when there is a hearing on my neighbor’s contempt motion? Deadline for rehearing and appeal on this injunction have long passed. In general, what will happen if a court tries to enforce an injunction which is violating Florida rules of civil procedure?
I am, quite frankly, surprised by an injunction that suppresses speech. Speech is not defamatory until a court judges it so.

Essentially the injunction is telling you not to violate the law by saying or writing anything that can be judged false and injurious to your neighbor's reputation.

My advice is to avoid saying or writing anything about your neighbor and you will not risk violating the injunction's intent.
 
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