The primary purpose of a restraining order is to prevent the respondent from contacting the petitioner in any way. That means that they are legally prohibited from going to the petitioner's residence, their place of work, or any other place indicated within the parameters of the order. It also prevents the respondent from contacting the petitioner via phone, email, or in person. The restraining order also requires the respondent to surrender their firearms and ammunition.
If you are the respondent of a restraining order, it can prohibit you from going to certain places, including your home, if the petitioner resides there. In addition, you can be forced by law enforcement to surrender your firearms and ammunition.
If you violate the restraining order, the police can arrest you and charge you with a crime, even if you haven't committed any other crimes. If the restraining order is the result of a domestic incident, the judge can require you to attend a batterer's intervention program. Under Florida's program standards, a batterers' intervention program runs at least 29 weeks and includes 24 weekly group sessions on top of intake and assessment (Fla. Stat. §§ 741.281, 741.325).
The injunction is a public court record unless a court seals it, and it may appear in background checks that include civil court records, even though you have not been convicted of a crime. An employer may be able to find out that you've been the respondent to a restraining order. It may also prevent you from renting or buying property in certain locations.
If an injunction is filed against you in Florida, you will be served with official court papers noting the order of protection. It will typically be a member of law enforcement that serves you. The injunction will likely be temporary and call for a court date at a later time.
The first thing to do if an officer serves you with an injunction notice in Florida is to call a lawyer near you to help defend your rights. Injunctions become public record, meaning that anyone who runs a background check on you will be able to see it. Additionally, the hearings are set very soon after you are served. You need to provide your criminal defense attorney with enough time to strategize a defense for you.
An individual may also file for an injunction if they are being stalked or if they are being harassed via phone, text message, or other online communication. Individuals need to show proof of harassment by telephone or cyber-stalking.
If you know that they cannot do so, it is even more imperative that you hire a restraining order defense attorney to guide you through the process of how to fight a restraining order in Florida.
Obeying A Temporary Restraining Order
Temporary restraining orders are valid for fifteen days in the state of Florida. Some injunctions may have an extension until a judge sets a court date for an order of protection hearing. Once a member of law enforcement serves you with an injunction, and you call a restraining order defense lawyer, the most important thing to do is stay away from the person responsible for filing the injunction.
You must obey a temporary restraining order. If you fail to do so, the courts can use this against you, and if they find out you violated the injunction, the police may arrest you on the spot and charge you with a misdemeanor.
Provide Your Restraining Order Defense Lawyer With Evidence
If you have proof that the claims made against you are false, collect all evidence, and provide it to your defense lawyer right away. If others can corroborate the other party's claims as untrue, let your lawyer know.
The experienced defense attorneys at Weinstein Legal Team will tirelessly work on your case, compiling all of the evidence in your favor. If the party filing against you has a history of making false claims to law enforcement, tell your criminal defense attorney. Nobody else in the courtroom will raise it for you.
Additionally, if the other person has a motive for requesting the injunction, for example, a messy divorce battle where custody of the children is involved, this should all be brought to light as soon as possible.
What you do not do once a person files an injunction against you is just as important as what you do. Certain actions can have negative repercussions and can damage your chances in court. Listen to your injunction defense attorney when they advise you on what you should not do.
Do Not Contact The Person Filing An Injunction Against You
Do not call them to ask why they filed it, do not go to their house, message them online, do not contact them through social media, or initiate any further communication. If they contact you, do not answer or engage in the conversation, but do keep records of their calls and provide them to your restraining order defense lawyer. They may be able to use this information when determining how to fight an order of protection and avoid criminal charges against you.
Do Not Post About Your Injunction Case On Social Media
In addition to ceasing communication with the person filing an order of protection against you, do not discuss the case on social media. You may be angry and feel as if the injunction is unfounded or untrue. It's natural to want to vent about your experience.
Do not make public statements about the case. A plaintiff and their lawyer may use this against you in court, even if you do not make contact with them individually. It is also wise not to discuss the restraining order with friends, especially in a heated moment, as a judge can call them as a witness.
"In times of trouble one needs a concerned individual who is willing to resolve your problems. Matts demeanor and professionalism brought me to a successful outcome" - anonymous
A domestic dispute may result in domestic abuse charges being filed, and ultimately in a restraining order or injunction against you. Even if you are living with another person, such as a spouse, parent, sibling, or child, a judge who grants a restraining order against you may order you to leave your home.
If an individual you reside with is making accusations against you and filing for an injunction, it is imperative that you seek the help of an experienced lawyer near you. However, you do not have to be living with a person to meet requirements for a restraining order resulting from domestic violence.
Individuals who meet restraining order requirements for domestic violence include:
- A spouse or former spouse
- A parent
- A child, whether the child is biological, adopted, or a stepchild
- A sibling
- Grandparents, cousins, aunts, uncles, and in-laws
- People who live or have lived together as a family
- A co-parent, even if you were never married and did not live together at any time
Plain roommates and other people outside the family definition in Fla. Stat. § 741.28 do not qualify for a domestic violence injunction. Florida provides four other injunctions for those situations, each with its own rules: repeat violence, dating violence, and sexual violence injunctions under Fla. Stat. § 784.046, and stalking injunctions under Fla. Stat. § 784.0485.
If a judge grants a restraining order against you, you may face severe penalties even if you do not violate that order. First and foremost, a restraining order is public record. What this means is that any employer, potential employer, or landlord who runs a background check on you will be able to see that there is a restraining order filed against you. It may make gaining employment or finding housing challenging.
Additionally, if you live with the person who is filing a restraining order against you, the courts may order you to find a new place to live. You may lose contact with your children or have to cease contact with other family members as the result of a restraining order. Court-ordered counseling is another common condition, and you pay for it. You may also have to significantly alter your daily plans and routines, such as finding a new gym, place of worship, and more, if the person filing a restraining order against you goes to the same venues as you.
If the person filing a restraining order against you works at the same company as you, the courts may order you to find a new job. Certain professions require that restraining orders get reported to them, and if you have one of these jobs you may lose your licensure even if the opposing party does not work at the same company.
These consequences are severe. Even if you comply with the orders of the judge, you face all of these ramifications, just by having an order granted against you. Don't face this in court alone - hire an aggressive defense attorney to help protect your rights.
These terms are essentially interchangeable in the state of Florida. The unique language of the injunction will determine what the respondent is prohibited from doing, regardless of whether it's referred to as a no-contact order or a restraining order.
All restraining orders are civil in nature. The court does not require proof beyond a reasonable doubt, the criminal standard, to issue a restraining order. The injunction statutes, including Section 741.30(6), do not spell out a burden of proof; at the final hearing Florida courts generally require the petitioner to prove the elements of the particular injunction by a preponderance, or greater weight, of the evidence, a far lower bar than in a criminal case. A temporary injunction issued without notice requires the statutory finding of an immediate and present danger, and a prosecution for violating an injunction requires proof beyond a reasonable doubt. The judge determines the appropriateness of the order by examining the evidence provided by the petitioner. Violating a domestic violence injunction, however, can result in a criminal penalty.
Restraining order requirements are stipulations that you must follow. As they are ordered by the court, they are legally binding and if you violate the terms of your injunction, you can face steep consequences. In the state of Florida, violating a restraining order is a first-degree misdemeanor. You can face up to one year in jail as well as $1,000 in fines.
This can cost you your employment, your housing, and much more. You will lose time spent with your family and children. If you are facing charges for violating a restraining order it is imperative that you hire an attorney to fight your case immediately.
Courts across the country vary widely, and it is challenging to determine the exact percentage of restraining orders that are dismissed. However, it does happen. There are specific restraining order requirements that the opposing party must prove in order to receive an injunction or order of protection. If they do not prove each of these elements, or your attorney can successfully refute them, and a judge may dismiss your restraining order.
Having an aggressive attorney on your side can help increase the chance of having your restraining order dismissed. A diligent attorney will work tirelessly to show that the petitioner cannot meet that burden.
While you are not legally mandated to have an attorney represent you in a court of law if another person files for a restraining order against you, having a lawyer on your side can significantly help your case. As restraining orders are public record, do not take the chance of fighting one in court alone. You have too much to lose.
A defense attorney will represent you each step of the way, providing guidance on what evidence will show that the restraining order is not warranted. Injunction defense lawyers are well versed in presenting this information to a judge in the most effective manner.
You have rights as a defendant in a case, even when another person files a restraining order or injunction against you. Hiring an attorney will help you better understand these rights and ensure that they remain protected. Your rights include the right to be notified of the injunction (meaning that the Sheriff's Office must inform you of the restraining order), the right to a court hearing where you may present your side of the case, the right to defend yourself at this hearing, the right to fight a restraining order, and the right to have an injunction defense attorney represent you.
If another individual files a petition for a restraining order against you, do not wait. Hire the experienced restraining order defense lawyers at Weinstein Legal Team today. If a judge grants a restraining order against you, it becomes a public court record, and it may show up in any background check that includes civil court records. This can significantly damage your reputation and disrupt your life.
At Weinstein Legal Team, we will fight tirelessly to protect your rights, ensuring that you have the best defense possible. Our attorneys will defend you in a court of law, presenting evidence in your defense. Additionally, the team at Weinstein Legal Team can help you petition to have a restraining order modified or dissolved once it is in place.
Every case is different, and having an experienced Florida restraining order defense lawyer fighting for you can make all the difference. Do not assume that because you know the allegations against you are false that a judge will automatically take your side and dismiss the injunction. The consequences are too steep.
You have to know how to defend your rights in these cases and prove to the court that the accusations are untrue, because the judge will not do it for you.
Injunctions are public records, and if a judge upholds the order, future employers and landlords will be able to see it. Because that record follows you, hire an attorney to help you through the legal process of how to fight a restraining order. With an aggressive defense attorney on your side, collecting evidence to present on your day in court, the judge may deny a permanent injunction.
You may need to know how to fight a restraining order or injunction that an ex-partner files against you that would end the time you spend with your children. Do not take this chance in court alone when custody and visitation rights are at stake. The attorneys at Weinstein Legal Team are ready to fight for your rights aggressively. Contact us today to hire an injunction lawyer for the best legal representation in Florida. You will receive a free case evaluation with no obligation.
There is too much at stake to take your chances in court alone. Having an injunction on your record may impact your ability to gain employment, find a place to live, or have contact with your children in the future. Violating a temporary restraining order may result in jail time. Hire an attorney immediately to advise you on what to and not to do in your unique circumstance. We have four Florida offices:
Contact Matt Shafran at Weinstein Legal Team today at 888-626-1108 to get started working on your defense so that you have the best possible outcome in court.
"Being charged in the criminal system is not easy but definitely Matt will be the right option for anyone who needs a defense." - anonymous
