Oakland Park Temporary & Permanent Injunction Attorney

A co-owner is draining the company account, a former partner is about to sell the building out from under you, or someone is using your confidential customer list to open a competing shop two miles away. In those moments, waiting months for a trial is not an option. The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida disputes, and our work includes pursuing and defending temporary and permanent injunctions for clients with interests in Oakland Park and across Broward County.

If you are looking for an Oakland Park temporary & permanent injunction attorney, the first thing to understand is that an injunction is a different kind of lawsuit tool. A money judgment compensates you after the harm is done. An injunction is a court order that tells someone to do something or stop doing something now, before the harm becomes permanent. Oakland Park sits in Broward County, with its mix of light industrial space along the Dixie Highway corridor, Commercial Boulevard storefronts, marine and restaurant businesses, and rental real estate, so disputes over assets, property, and competing owners show up in this market regularly.

Injunctions come in layers. A temporary restraining order can be sought on very short notice to freeze a situation in place. A temporary injunction follows after a hearing and holds things steady while the case moves forward. A permanent injunction comes at the end, after the court has decided the merits, and it becomes part of the final result. Which of these you need, and how fast, shapes everything that follows.

Why Choose the Andrew M. Schwartz Legal Team for Injunction Work

The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Oakland Park, Fort Lauderdale, and the rest of Broward County, along with West Palm Beach and Palm Beach County. Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation, with a career built around contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of business and real estate experience in both state and federal courts.

Injunction cases reward a firm that can move quickly without losing track of the file. We practice as a true legal team, meaning everyone working on your matter knows what is happening in it, and we keep a strict 24 hour return call policy if we are in court. When a hearing is days away, that matters.

Our results in real estate litigation are relevant here too. After a 5-day bench trial, the Broward County Circuit Court issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract, an equitable remedy that, like an injunction, asks a court to compel conduct rather than just award money. We are also experienced in mediation and arbitration, and we look for the resolution that serves your goals and budget, using finesse when finesse will do and force when the situation calls for it. Many of our clients live outside Florida, including in New York, New Jersey, and Connecticut; we handle the local court appearances so they do not have to travel for every hearing.

Situations That Call for a Temporary or Permanent Injunction

• Diverted or Disappearing Company Funds: When a partner, manager, or member is moving money out of company accounts, commingling funds, or spending assets that belong to the business, a court can order the assets frozen or preserved while claims for an accounting and breach of fiduciary duty are decided.
• Deadlocked Owners and Business Divorce: When co-owners cannot agree and operations are stalling, an injunction can keep either side from locking out the other, changing access to bank accounts, or taking unilateral steps that cannot be undone while buyout or dissolution claims are pending.
• Threatened Sale or Transfer of Real Property: If a co-owner or former partner is about to sell, encumber, or transfer a building or parcel in Broward County, an injunction can hold the property in place while title, partition, or contract claims are resolved.
• Breach of Operating or Shareholder Agreements: Agreements often contain restrictions on competition, confidentiality, or transfers of ownership. When someone is violating those terms, a court may order compliance rather than leaving you to chase damages later.
• Contract Performance Disputes: In purchase and sale disputes and failed closings, equitable relief can prevent a seller from conveying the property to someone else while the buyer’s rights are litigated.
• Misuse of Business Property and Information: Taking customer lists, equipment, records, or other company property can warrant emergency orders requiring return and preventing further use.
• Judicial Dissolution Proceedings: In LLC and corporate dissolution cases, Florida law lets the court preserve assets, appoint a receiver or custodian, and keep the business operating until a full hearing, and injunctive relief often goes hand in hand with those requests.
• Defending Against an Injunction: Not every client is the one asking. If a partner has sued to restrict your business, freeze your accounts, or block your use of property, responding effectively and quickly is just as important.

What an Injunction Case Actually Requires of You, and Quickly

The most important thing to know is that injunction timing is driven by harm, not by statutes of limitations. A court is asking whether something irreparable will happen if it does not act now, and delay on your part undermines that argument. If you learned two months ago that your partner was moving money and did nothing, a judge may reasonably wonder how urgent it really is. So the moment you suspect trouble, preserve what you can and call a lawyer.

Start by gathering documents that show who owns what and what has changed: your operating agreement or shareholder agreement, bank statements, deeds, contracts, correspondence, and anything showing the conduct you are worried about. Screenshots, emails, and text messages matter, and you should not delete anything, even material you think is unhelpful. Write down a timeline while it is fresh. Do not confront the other party in a way that tips them off to move assets before you have spoken with counsel, and do not take self-help steps like changing locks or cutting off access without advice, because those moves can backfire and be used against you.

Once we understand the facts, we decide what to ask for and where. Broward County cases are heard in the Seventeenth Judicial Circuit, and Palm Beach County cases in the Fifteenth Judicial Circuit. Most injunction disputes tied to businesses and real property are filed in circuit court, which handles claims above the county court limit and equitable matters generally. The Seventeenth Circuit also has complex business divisions that handle matters such as business entity dissolutions and large business litigation, and some cases can be directed there through the court’s filing process. When a dispute involves federal claims or parties from different states, the U.S. District Court for the Southern District of Florida, which sits in Fort Lauderdale and West Palm Beach, may come into play.

Expect the process to move in stages. We prepare a verified complaint and a motion supported by sworn statements and documents. For a temporary restraining order, a judge may rule quickly, sometimes before the other side has a full chance to respond, which means your evidence must be organized from day one. A temporary injunction typically follows after an evidentiary hearing where witnesses testify and documents are admitted. The court generally requires a showing that you are likely to succeed on the merits, that you will suffer irreparable harm without relief, that no adequate remedy at law exists, and that the public interest is not disserved. The court may also require you to post a bond. A permanent injunction is decided after the case is tried or resolved on summary judgment.

One mistake we see is treating an injunction as a way to win the whole dispute early. It is not. It preserves the situation so a fair outcome remains possible. Another is overreaching: asking for an order so broad that a judge declines to grant any of it. A well-tailored request, focused on the specific harm and the specific assets or conduct at issue, usually fares better.

How Equitable Relief Fits With Your Other Claims

An injunction is rarely the whole case. It sits alongside claims for breach of contract, breach of fiduciary duty, an accounting, quiet title, partition, or dissolution. The timing of each claim differs. Florida gives five years to sue on a written contract and four years on an oral or implied one, four years for fraud measured from discovery, and a much shorter one-year window for an action seeking specific performance. Because those deadlines vary so much, filing for emergency relief early often protects the broader case too.

For LLC disputes, Florida’s statute allows a member to seek judicial dissolution on grounds that include deadlock with irreparable injury threatened, misappropriation or waste of assets, and conduct that makes it not reasonably practicable to carry on the business under the operating agreement. In those proceedings the court can appoint a receiver or custodian after a hearing, or order a buyout of the petitioning member. Corporate shareholders have comparable remedies, and the court in a dissolution proceeding can issue injunctions and take other steps to preserve corporate assets. If your operating agreement has a deadlock sale provision, that provision can change the path, so we review the document before choosing a strategy.

Oakland Park Injunction Questions, Answered

What is the difference between a temporary and a permanent injunction?

A temporary injunction holds the situation steady while the lawsuit proceeds. A permanent injunction is part of the final judgment and lasts after the case is decided. A temporary restraining order is a short-term emergency measure that can precede the temporary injunction hearing.

How fast can a court act on an emergency injunction?

In true emergencies a judge can act within days, and sometimes sooner, particularly for a temporary restraining order. The speed depends on how well the paperwork and evidence are prepared and on the court’s calendar. This is why we ask clients to gather documents immediately.

What do I have to prove to get a temporary injunction?

Generally you must show a substantial likelihood of success on the merits, a threat of irreparable harm, no adequate remedy at law, and that the injunction serves the public interest. Harm that can be fully fixed by money damages usually will not qualify, which is why we frame the loss carefully.

Will I have to post a bond?

Courts commonly require the party seeking an injunction to post a bond to cover losses the other side might suffer if the order turns out to be wrongful. The amount is set by the judge based on the circumstances, and we address it with the court early.

Can I get an injunction to stop a business partner from taking money?

Often yes, if you can show the funds are being diverted or wasted and that money damages alone may not fix the problem, for example if the person may be unable to repay. Courts can order assets preserved while claims for an accounting and breach of fiduciary duty are pending.

Can an injunction stop the sale of a building owned jointly?

It can, when you have a legitimate claim to the property or its proceeds and a sale would defeat your rights. We typically pair this with claims such as partition, quiet title, or breach of the underlying agreement.

What happens if someone violates an injunction?

The violating party can be brought back before the court on a motion for contempt. Remedies can include fines, orders to undo what was done, and payment of fees. Keep records of every violation so we can present them clearly.

I have been served with an injunction motion. What should I do?

Do not ignore it. Hearings can be set on short notice, and a default or an unprepared response can leave you restricted for months. Call us right away, gather your own documents, and avoid any conduct the motion targets until we have reviewed it.

Can an injunction be changed or dissolved after it is entered?

Yes. A party can ask the court to modify or dissolve a temporary injunction if circumstances change or the order is broader than the evidence supports. Orders granting or denying temporary injunctions can also be reviewed on appeal in certain circumstances.

Is an injunction worth it if the dispute might settle?

Frequently it is the reason a dispute settles. When the other side sees that assets are protected and a judge is paying attention, negotiation tends to become more realistic. We also use mediation where it serves the client’s goals and budget.

I live in New York or New Jersey. Can you handle this from afar?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut with business or real estate interests in South Florida. We handle the local court appearances and keep you informed at every stage.

Do you work with other attorneys on injunction matters?

Yes. A significant part of our practice comes from referrals by other lawyers, including out of state attorneys whose clients have disputes in Florida. We keep referring counsel informed and respect their relationship with the client.

Serving Injunction Clients Throughout Oakland Park and Broward County

We represent clients in Oakland Park, from the commercial stretches along Dixie Highway and Commercial Boulevard to the residential neighborhoods and waterfront properties throughout the city. We also serve neighboring Fort Lauderdale, Wilton Manors, Lauderdale Lakes, Lauderhill, Tamarac, Pompano Beach, Lighthouse Point, Deerfield Beach, Coconut Creek, Coral Springs, Margate, Sunrise, Plantation, Davie, Hollywood, and Hallandale Beach, along with the rest of Broward County.

Our reach extends north into Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, and West Palm Beach, so clients with property or business partners on both sides of the county line can work with one team. For injunctions, that is useful: assets, accounts, and co-owners rarely respect county boundaries.

Speak With an Oakland Park Injunction Attorney Today

When assets are at risk or a partner is about to do something that cannot be undone, the right Oakland Park injunction attorney can mean the difference between a protected business and a lost one. The Andrew M. Schwartz Legal Team helps clients seek and defend temporary and permanent injunctions in Broward County and throughout South Florida. Call us to talk through your situation and learn what relief may be available.