We Can Help Explain the Rules Regarding Your Florida Restraining Order or Injunction
A restraining order, also known as an “injunction,” limits the contact one person can make with another. If you’ve been served with a restraining order in Florida, you may feel confused or frustrated. The rules a restraining order requires you to follow can be extensive, and following them can make your life extremely difficult if the order forces you to avoid your home, your workplace, or another location you visit frequently.
Most restraining orders issued in Florida are short-lived, but a restraining order can have long-term effects. Violation of a restraining order can result in jail time and other serious penalties. If you’re facing a restraining order, don’t wait: contact the Jacksonville criminal attorneys at Farah & Farah at 855-797-9899 today.
What is a Restraining Order in Florida?
A restraining order is an injunction that places restrictions on one person’s dealing with another person. Usually, a restraining order is based on allegations that the person who receives it committed an act of violence against the person who seeks the restraining order.
Whether or not the allegations of violence have any basis in truth, once you have been served with a restraining order in Florida, you have a responsibility to obey it. The penalties for violating a restraining order include not only possible jail time, but also a criminal record based on the violation – even if no evidence is found of any underlying crime.
Florida issues four different types of restraining orders: domestic violence, repeat violence, sexual violence, or dating violence. Each has a slightly different use, depending on the circumstances alleged in the petition. Merely receiving one of these forms of restraining order does not mean you committed any of the acts listed on the petition, or that you will be convicted of any criminal acts. It does mean, however, that you must follow the restrictions in the restraining order and that you should contact an experienced lawyer immediately.
Fighting a Florida Restraining Order
In most cases, the first time you see a restraining order against you, it will be in the form known as a “temporary restraining order.” The requirements of this order are in place for only as long as it takes to set up a hearing. You should use this time to contact an experienced defense lawyer, who can represent you at the hearing and who can also fight to get any necessary modifications made.
At the hearing, the judge will examine evidence from you and from the individual who filed the restraining order against you. This may include testimony, photographs, e-mails, phone calls, or other pieces of evidence. When the hearing is concluded, the judge will decide either to continue the restraining order for some period of time or to end it.
As long as an active restraining order exists against you, you must play by its rules. If you’re accused of violating a restraining order, your attorney can help you fight those charges and defend both your record and your legal rights. An attorney can also help you amend a restraining order if needed.
Representation You Can Trust
A restraining order can turn your life upside-down in an instant. Its requirements may force you to leave your home or prevent you from seeing your children. You may be required to take a leave of absence from work or even lose your job entirely, all to avoid violating the order’s terms. Freedoms you once had, like owning a weapon or getting a drink at the local bar, may now be prohibited. Meanwhile, the person you most need to talk to in order to solve the real problem is the one person you have been ordered by the court to avoid entirely.
At Farah & Farah, our Jacksonville FL restraining order defense attorneys will defend your rights. We’re dedicated to fighting for the best possible outcome, so that you can go back to the life, work, and hobbies that matter to you. For a free and confidential consultation, contact our office today.