Do not face the courts alone if you have an upcoming protection order hearing. Should a judge grant an injunction or restraining order against you, it will become public record, and future employers and landlords will be able to see the protection order on background checks.
Contact Weinstein Legal Team today at 954-845-0505 and ask to speak with protection order hearing lawyer Matt Shafran. Don't wait. The sooner you get in touch with our team, the sooner we can begin building your defense for the hearing.
Areas in Florida We Represent
Do you have an approaching protection order hearing in Florida? Seek the legal assistance of a criminal defense attorney immediately. We represent individuals in Broward County, Miami-Dade County, and Palm Beach County including the following areas:
- Boca Raton
- Boynton Beach
- Coral Springs
- Delray Beach
- Fort Lauderdale
- Hollywood
- Lake Worth
- Palm Beach Gardens
- Pembroke Pines
- Plantation
- Pompano Beach
- Wellington
- West Palm Beach
HIRE A DEFENSE ATTORNEY FOR PROTECTION ORDER HEARING TODAY
What Is a Protection Order Hearing?
A protection order hearing is an official court date where a judge will determine whether the grant another person an order of protection (also sometimes called an injunction or a restraining order) against you. When an order of protection is granted against you, you must cease contact with the petitioner. You will have to remain a set physical distance from the opposing party at all times and will not be able to contact them by phone, text message, or any other means.
If another individual believes that you pose a threat to them or their dependents, they may file for an order of protection. When they submit their initial request, the courts will likely grant them a temporary order with a full hearing scheduled for a later time.
Once a judge grants a temporary order of protection, the opposing party will likely have you served with papers detailing the motion, and the courts will set a date where you will get to appear and plead your case. It is at this order of protection hearing that you can present a defense with a lawyer representing you.
The opposing party will have to show the courts their evidence at the order of protection hearing, proving that you are a danger. Similarly, you may present all evidence proving you are not. At this hearing, a judge will either grant a permanent order of protection or dismiss the case against you. For this reason, you must have diligent and aggressive legal representation to hold the petitioner to their burden of proof. You may have witnesses testify on your behalf, submit police reports that document any domestic disturbances and have a judge review electronic communications, including text messages and e-mails between yourself and the opposing party to help aid in their decision.
Protective Orders Hearings in Florida Domestic Violence Cases
While there is a common misconception that domestic violence only occurs between people involved in a romantic relationship, the legal definition in the state of Florida is much more broad. According to Florida law, domestic violence includes any form of battery, assault, stalking, kidnapping, or false imprisonment committed by one family or household member against another.
By this definition, domestic violence cases may occur between spouses, siblings, parents and children, and any two people who live together, or have lived together, as a family. It can also occur between former romantic partners, separated spouses, and individuals who are still currently married. The definition applies to those who are related by blood as well as by marriage, those who currently live together as well as those who formerly lived together, and individuals who share a child whether or not they have ever shared a home.
When a person petitions for an order of protection hearing to grant a restraining against you to prevent domestic violence, it can pose particularly unique challenges. First, if you are currently living with the opposing party and the judge does grant the permanent order, you will likely have to find another place to live. When a judge grants a restraining order, it becomes your responsibility to avoid contact with and proximity to the other person; it is not their job to avoid you. Additionally, if you share a child with this person, the order may extend to cover the dependent as well, meaning you will not be able to see your kids and may lose visitation rights, have to have supervised visits, and more.
Hiring an attorney to represent you in court can help you protect your rights, keeping you in your home, and maintaining contact with your children. Do not take this chance in court alone and attempt to fight the order of protection without the assistance of an aggressive attorney. You have too much to lose.
Which Florida Statute Governs Your Protection Order Hearing?
Protection orders in Florida are civil injunctions, and the statute that applies depends on who filed and what they allege. Domestic violence injunctions come under Fla. Stat. § 741.30. The petitioner has to be a family or household member, meaning a spouse or former spouse, a relative by blood or marriage, someone who lives or has lived with you as a family, or the other parent of your child, and they have to show they are a victim of domestic violence or have reasonable cause to fear it is imminent. Injunctions for repeat violence, dating violence, and sexual violence come under Fla. Stat. § 784.046, and each has its own test. Repeat violence means two incidents of violence or stalking, one of them within the past six months. Dating violence requires a continuing and significant romantic relationship within the past six months. Sexual violence covers the sex offenses listed in the statute, whether or not criminal charges were filed. Stalking injunctions come under Fla. Stat. § 784.0485 and require a course of conduct that meets the criminal definition of stalking or cyberstalking. The paperwork looks similar across all five: the petitioner files a sworn petition, the judge can issue a temporary injunction without hearing from you, and a hearing is set on the full injunction. A temporary injunction generally lasts no more than 15 days unless the court extends it for good cause, so that hearing comes quickly. What the petitioner must prove, who can file, and what relief the court can order all differ from statute to statute, and that is where your defense begins.
At that hearing the petitioner carries the burden of proving the elements of the injunction by the greater weight of the evidence. You do not have to prove your innocence. Your attorney's job is to hold the petitioner to that burden and to present the evidence that undercuts it, including witnesses, police reports, text messages, and emails.
Risk Protection Orders (Florida's Red-Flag Law) Are Different
Florida Statute § 790.401 creates a separate proceeding called a risk protection order. It is not a restraining order between two private people. Only a law enforcement officer or agency can petition for one (Florida Statute 790.401(2)(a)), and its purpose is to remove firearms and ammunition from a person the court finds poses a significant danger to themselves or others. The court must hold a hearing within 14 days of the petition, a temporary order can require you to surrender your guns immediately, and a final order lasts up to 12 months and can be extended. Personal injunctions can also require you to surrender firearms while the order is in effect. If you have been served with a risk protection order or a firearm surrender demand, read our Florida gun charges page and call us immediately.
Contacting an Attorney for Protective Order against Domestic Violence in Florida
If you have a court date for a protection order hearing, it is imperative that you contact a restraining order attorney in Florida immediately. Should a judge grant a petitioner a permanent injunction, you stand to lose quite a few of your rights. However, it is possible to fight a restraining order in court to clear your name and protect your freedoms.
When a judge grants an injunction against you, you may have to surrender your firearms and weapons. Additionally, you may have to cease contact with other important members of your family, such as your children. It is even possible that you will need to find a new place to live. These consequences are quite steep and can have a significant impact on your quality of life.
Criminal defense attorney Matt Shafran is ready and willing to fight your case and to show the court why the injunction should not be granted. When you hire Weinstein Legal Team, you will receive access to our entire team and the many experts we work with. We may be able to employ special defense tactics, such as hiring an investigator to uncover hidden facts in your case and to bolster your defense.
Do not wait to contact a defense attorney for a protection order hearing. Weinstein Legal Team is here for you 24-hours a day, 7-days a week. When you work with attorney Matt Shafran, you will have access to counsel at all times. We have four Florida offices, serving Central and South Florida:
Call today for your free case evaluation. Contact 954-845-0505.
