The accusations echo in the courtroom, and a domestic violence injunction looms over you, threatening to change your life. Suddenly, you’re ordered to leave your home, prohibited from seeing your children and facing severe restrictions that could impact your job, reputation, and freedom. If you’re dealing with an injunction, our domestic violence lawyers will help you fight back and build a strong legal defense.
Overview of Domestic Violence Injunctions in Florida
A domestic violence injunction—also known as a restraining order—is a court-issued order designed to protect an alleged victim from harm. While these orders aim to prevent real threats, many individuals are wrongly accused or subject to exaggerated claims.
Under Florida Statute § 741.30, an individual can seek a domestic violence injunction if they report that they are a victim of domestic violence or have a reasonable fear of imminent harm. Domestic violence includes:
- Assault or battery,
- Stalking or harassment,
- False imprisonment, and
- Any criminal offense resulting in physical injury.
These allegations do not require criminal charges or a conviction—meaning you could face an injunction based solely on someone’s accusation. That’s why defending yourself is critical.
Types of Domestic Violence Injunctions in Florida
Initially, a temporary injunction may be issued if the petitioner demonstrates an immediate threat of domestic violence. This temporary injunction typically lasts for 15 days, providing immediate protection while the court schedules a full hearing.
Following the hearing, the court may issue an injunction that remains in effect until the court gives further order. These injunctions are sometimes referred to as permanent, but it’s essential to understand that they are not truly permanent. These orders remain in effect indefinitely unless modified or dissolved by the court due to changed circumstances or if the petitioner no longer requires an injunction.
What Happens at a Domestic Violence Injunction Hearing?
After the court grants a temporary injunction, it will set a hearing date, typically within 15 days. This hearing is your best opportunity to challenge the injunction before it becomes permanent.
During the court hearing, the petitioner (the accuser) will present their evidence and witnesses. You (the respondent) will be able to present your own evidence, cross-examine witnesses, and testify. You will want to get a lawyer’s input on the wisdom of testifying. Also, the value of a lawyer’s experience and skill at examining and cross-examining witnesses cannot be overstated when so much is at stake. The judge will consider the arguments and evidence presented at the hearing before issuing a final decision.
If the judge grants the injunction, it can last indefinitely, significantly impacting your life. Failing to take this hearing seriously is a mistake you can’t afford.
The Impact of a Restraining or Protective Order
If a judge grants a temporary or permanent injunction, the consequences can be severe:
- Loss of custody or visitation. You may be barred from seeing your children, even if you have no history of abuse.
- Eviction from your home. The order may require leaving your shared residence immediately.
- Firearm restrictions. Federal and state laws prohibit individuals under an injunction from owning or possessing firearms.
- Damage to your reputation. Injunctions are public records, meaning potential employers or landlords could see it. This can negatively impact many areas of your life, including employment and housing opportunities.
- Criminal charges. Violating an injunction—even accidentally—can lead to severe criminal penalties, including jail time.
Fighting a domestic violence protective order is about more than just clearing your name—it’s about protecting your future.
Defenses Against a Domestic Violence Injunction
A strong domestic violence injunction defense can protect your rights and save your reputation. Just because someone files for an injunction does not mean it will automatically be granted. You have the right to present a strong defense. Let’s explore some of the most effective defenses against a restraining order.
False Allegations
If the alleged victim exaggerates or fabricates claims, your attorney can present evidence of falsehoods—such as text messages, witness testimony, or inconsistencies in their story.
Lack of Evidence
Florida law requires the petitioner to show clear evidence of past domestic violence or a legitimate fear of imminent harm. If there is no police report, medical records, or independent witnesses, the court could dismiss the injunction.
Self-Defense
If the alleged violence occurred while you were protecting yourself from imminent harm, you may argue self-defense to justify your actions.
No Reasonable Fear of Harm
The petitioner must prove they have a reasonable fear of immediate danger. A history of amicable interactions, no threats, or prior false claims may weaken their case.
Procedural Violations
If the petitioner failed to follow legal procedures, such as not properly serving the injunction paperwork, the case could be dismissed on procedural grounds.
Every case is different, so hiring an experienced Florida domestic violence defense attorney is crucial in developing the right legal strategy.
Seeking Protection? We Also Help Clients File Domestic Violence Injunctions
If you are in immediate danger or fear for your safety due to domestic violence, you have the right to seek legal protection. Our firm assists those who need help obtaining domestic violence injunctions to protect themselves and their loved ones, in addition to providing defense against injunctions.
No one should live in fear. If you need to file a restraining or protective domestic violence injunction, contact our team today. We’ll guide you through the petition process, ensure the court understands the urgency of your situation, and advocate for the strongest possible protection.
A Mistake Doesn’t Define You. We Can Help
Yes, when it comes to restraining orders, we help two types of clients. Those who need help getting an injunction because they fear for their safety, and those who have had such an order issued against them. If you need protection, we can advocate for you in court.
If you have had a restraining order issued against you, the sooner you act, the stronger your defense. At Moses & Rooth, we bring decades of experience to the table while fighting for our clients.
As former prosecutors, we understand how the system works and how to challenge weak evidence, cross-examine accusers, and present a compelling defense in court.
Our distinctive viewpoint enables us to skillfully represent clients in domestic injunction cases, regardless if you’re seeking or contesting one.
Contact us today for a confidential consultation. We’ll review your case, explain your legal options, and fight to protect your rights and reputation.
Resources:
- Overview of Injunctions for Respondents. Florida Courts, link
- Civil Injunctions For Protection Against Domestic, Dating, Repeat, And Sexual Violence, And Stalking. Information for Respondents. Florida Courts, (2023), link
- Injunctions for Protection. Information for Respondents.Twelfth Judicial Court, link
- Domestic Violence and Civil Injunctions. First Judicial Circuit Court, link
Andrew Moses
Andrew has been practicing criminal law his entire career. After graduating from law school he began working as an Assistant State Attorney prosecuting cases in Orange and Osceola Counties. During his time as an Assistant State Attorney, Andrew handled all types of cases ranging from misdemeanors to such serious felonies as drug trafficking and armed robbery. His experience as a prosecutor helped him gain perspective of the criminal justice system and how the government established its cases.
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