If law enforcement serves you with injunction papers, know that fighting a restraining order is possible. Hiring an experienced restraining order lawyer in Florida, such as Matt Shafran at Weinstein Legal Team, gives you someone to build and present that defense. An injunction hearing is a civil proceeding, so the petitioner does not have to meet the beyond a reasonable doubt standard that applies in criminal cases. They do still have to come forward with evidence and sworn testimony, and petitions often rest on assertions that messages, records, and witnesses contradict.
Know that in the state of Florida, the formal name for a restraining order is "injunction," and that you may also hear the term "order of protection." People often use the terms interchangeably. They all refer to the same thing: a court order that legally forbids you from having contact with another individual and/or their children.
What to Do If Someone Files an Injunction Against You
If you are fighting a restraining order, you may be wondering how a person filed one against you in the first place. To file for an injunction or order of protection, an individual must go to the courthouse and complete paperwork stating why they are seeking an order of protection.
If a judge grants a temporary injunction, law enforcement serves you with it. Under Florida Statute 741.30(5)(c), an ex parte temporary injunction is effective for a fixed period of no more than 15 days, and the court must set the full hearing for a date no later than the day the temporary order stops being effective. The same 15-day limit applies to temporary injunctions against repeat, dating, and sexual violence under Florida Statute 784.046.
Contact an Attorney Immediately
The first step in fighting a restraining order is to contact an attorney right away so that they can begin working on your case. You will have a chance at your hearing to present evidence in your defense, and an attorney can tell you what evidence the court will actually want to see. Don't wait to contact a lawyer. The person who is petitioning against you is already working on their case.
Stay Away From the Person Filing for an Injunction
You may want to confront the individual filing for an order of protection, but do not do this. A judge may consider it to be a restraining order violation, for which law enforcement can arrest you. It will also hurt your chances of fighting a restraining order at your formal hearing.
Do not call the person, text the person, send an email, message them on social media, or attempt to connect with them through their family or a mutual friend. The individual and their lawyer may use all of these things against you at a later time.
What Evidence Is Necessary to Get a Restraining Order?
The person who files a restraining order against you must show the court why they need protection. They must have documentation that proves you are a danger to them, that you are harassing them, or that you are stalking them. They may also file an injunction on behalf of their children or any minors for which they are legally responsible.
Evidence can include police reports that show a history of domestic or dating violence, sexual violence, other physical harm, as well as screenshots or phone records that prove harassment. A judge will typically issue a temporary restraining order.
At the final hearing on a domestic violence injunction, Florida Statute 741.30(6)(a) requires the court to find that the petitioner is either a victim of domestic violence as defined in Florida Statute 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming one. That is what the petitioner has to establish, and it is what your defense has to answer.
That hearing is what an attorney prepares for: the messages, call records, timeline, and witnesses that show the incidents did not happen the way the petition describes them.
Restraining Order Violation
If a judge approves a temporary injunction against you, you must abide by it whether or not you believe there are proper grounds for the restraining order.
If you do not abide by the temporary restraining order, police officers may arrest you on a restraining order violation.
Penalties of a Temporary Restraining Order Violation
Willfully violating an injunction for protection against domestic violence is a first-degree misdemeanor under Florida Statute 741.31(4)(a), punishable by up to one year in jail and a $1,000 fine. If you have two or more prior convictions for violating an injunction, Florida Statute 741.31(4)(c) makes it a third-degree felony. Additionally, you will have significant problems fighting a restraining order at the hearing to determine whether or not the injunction will be permanent if you violate the temporary order. Follow all of your attorney's advice as soon as law enforcement serves you with an injunction to avoid getting a restraining order violation.
Fighting a Restraining Order
To take the proper steps when fighting a restraining order, consult with an attorney before you do anything. A few things have to happen before the final hearing, and they have to happen quickly, especially if the petition comes from a spouse or a live-in partner. A granted injunction can keep you out of your own home and away from your children, so the window to gather evidence and line up witnesses is the short one between service and the hearing.
If a final injunction is entered against you, Florida Statute 790.233 makes it a first-degree misdemeanor to have any firearm or ammunition in your care, custody, possession, or control while that injunction is in force, so you have to surrender them. You may have to avoid places where both you and the filing individual frequent (such as churches, schools, supermarkets, etc.). You may also have to alert your employer, which can have consequences at your job. An injunction can have a severe impact on your life. Contact a criminal defense attorney to respond on your behalf formally.
Attending a Formal Hearing
If a person files an injunction against you, a formal court date will be scheduled to determine further action. At this time, a judge will decide whether to drop the order of protection or make it permanent. You need an experienced lawyer fighting on your behalf.
Fighting a restraining order is a stressful time. As you may be facing the loss of custody of your children, your home, and a significant interruption to your daily activities, you need to present evidence proving you are not an imminent threat to the individual. A restraining order defense attorney will know just how to do this.
Attend the formal hearing. An injunction hearing is civil, so there is no guilt to admit, but if you do not appear the court can hear the petitioner's evidence unopposed and enter the injunction anyway. Showing up with a lawyer is how your side of the facts reaches the judge.
Contact A Restraining Order Defense Attorney Today
If you are fighting a restraining order, contact criminal defense attorney Matt Shafran at Weinstein Legal Team today. We will provide you with a free case evaluation with no obligation. An injunction case is civil, so there is no criminal charge to be acquitted of. Mr. Shafran's job is to put the evidence in front of the judge and argue that the statutory grounds for an injunction are not met.
Call 954-845-0505 for a free consultation.
