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Is a Restraining Order The Same As An Injunction?

By Hager & Schwartz, P.A.

August 4, 2022

There are many different terms for restraining orders and other types of legal measures. Let’s discuss if restraining orders and injunctions are the same, why they are issued, and what you can do if someone is granted legal protection against you.

Restraining Order and Injunction in Florida

Sometimes, a restraining order may be referred to as an injunction for protection. These are generally the same thing and the terminology can be used interchangeably.

These orders are used to prevent one individual from contacting another. This includes both in-person and online. When a restraining order is issued, it must be followed or the violator could be charged with a crime.

Reasons for Restraining Orders

Restraining orders are commonly issued after incidents of domestic violence, sexual assault, or any confrontation that has led one party to feel that they are in danger. In order for someone to get a restraining order, they must provide information about the threat and, if available, evidence of wrongdoing.

Unfortunately, some individuals seek restraining orders with ulterior motives. For example, someone going through a contentious divorce may be shocked to learn their ex-spouse has accused them of violence. This may have been done to affect the outcomes of the divorce.

If you believe someone has made false claims and/or gotten an unjustified restraining order against you, what can you do?

Fighting a Restraining Order

Depending on the type of restraining order granted against you, you’ll be able to attend a hearing where you can explain your side of the story. At this hearing, you can provide evidence that:

  • The person who got the restraining order had ulterior motives
  • The person mistakenly perceived your words or actions as a threat when they were not
  • There was no valid reason for the order to be granted

Restraining Order Defense Attorney in Miami

You don’t have to fight an unjust injunction alone. Our team at Hager & Schwartz, P.A. can help you contest a restraining order that has been granted against you. Share your situation with our team today; call (305) 330-1360 or click here to reach out online.