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How to Challenge Restraining Orders

By Hager & Schwartz, P.A.

June 6, 2017

Domestic violence has become a priority for law enforcement, and Florida courts follow suit in protecting alleged victims from individuals who they say have committed or threatened acts of violence against them. In Florida, restraining orders are injunctions in which civil courts grant an order for protection. Because domestic violence is now a top concern, these injunctions happen quickly. They can also negatively impact one’s life and reputation. Because of this, working with an experienced defense attorney is critical.

At Hager & Schwartz, P.A., our Miami criminal defense lawyers have extensive experience representing clients charged with all types of domestic violence offenses, as well as clients who have had restraining orders issued against them for reasons aside from domestic violence, such as harassment, stalking, or criminal threats. Whether you are facing a criminal charge, restraining order, or a violation of an existing restraining order, it is important to remember that you have the right to defend yourself and make your side of the story heard.

As former Florida prosecutors, our attorneys know how restraining orders are handled in the Florida court system and how they may be used in conjunction with an underlying criminal domestic violence charge. If you or someone you know has had a restraining order issued against you, either as a temporary or permanent order, we can fight for your rights during all proceedings in order to appeal and vacate an injunction. Depending on the unique facts of your case, several challenges to the restraining order may be available.

  • False accusations – Domestic violence cases are notorious for their deeply personal nature, which means that they may arise as a result of heated spats between individuals involved in domestic relationships, such as cohabitants, spouses, and even family members. Unfortunately, false accusations are not uncommon, and they can result in devastating consequences for the accused. By working to highlight false accusations and provide evidence as to why they were made, such as when a parent attempts to prevent contact between the other parent and a child, we can work to have a restraining order removed. False accusations may also be made in cases where restraining orders are issued against individuals with whom alleged victims do not have a domestic relationship.
  • Disproving allegations – When protective order hearings are held, alleged offenders have the right to present evidence that disputes the allegations made against them. This can be achieved through a meticulous review of the facts and circumstances involved in a case, as well as the allegations made by the alleged victim. This may involve collecting evidence that directly disproves their claims, such as when a matter of abuse occurred when an alleged offender was not around the accuser, witness testimony, or highlighting exaggerated claims in which the true set of events did not amount to a crime or grounds for an injunction.
  • Immediate action – Because temporary restraining orders are issued quickly in Florida, effectively challenging them begins with taking immediate action. By involving an attorney as soon as possible, you can gain the benefit of not only legal guidance and counsel, but also the representation of proven legal minds that can request a continuance and conduct investigations in the unique facts and circumstances involved. With the extra time you afford a lawyers by taking immediate action, you can strengthen your ability to challenge the order.

If you have questions regarding a restraining order, domestic violence charge, or any other criminal allegation in Miami or anywhere in South Florida, trust in the experienced defense attorneys at Hager & Schwartz, P.A. Our legal team is available 24/7 to help. Call (305) 330-1360 for an immediate consultation.