After you’ve been notified of someone getting a restraining order against you, you may begin to panic. What does this mean and what can you do about it? Our team at Hager & Schwartz, P.A. explains what the restrictions of a restraining order include and what you can do to contest the order.
What Does a Restraining Order Prevent You From Doing?
A restraining order is granted in cases where the petitioner claims they feel threatened or in danger due to another individual’s actions. Restraining orders are common after domestic violence incidents, sexual assault, stalking, or allegations of abuse.
A restraining order prevents the individual from contacting the petitioner either in person or online. In some cases, a restraining order can also lead to a loss of child custody rights. The judge may add extra provisions depending on the circumstances of the report and what they feel is necessary.
While not inevitable, sometimes restraining orders are granted at the same time that criminal charges are filed. For example, if someone reports you for domestic violence and you are charged with a crime as well as served with a restraining order.
Fighting Against a Restraining Order in Florida
Some good news is that, for any long-term restraining orders, you will be able to explain your account of events. If the petitioner wants to move forward with a permanent restraining order, there will be a hearing set with the judge. You will be notified of when the hearing is and you will have the opportunity to attend to present your case.
It’s crucial that you come to the hearing with evidence of your innocence.
Seek out:
- Character witnesses
- Eyewitnesses
- Documentation
- Physical evidence
- Strong testimony of your own
Know that you do not have to fight an unfair restraining order on your own. A defense attorney can help you prepare for the hearing and advocate for your innocence.
Restraining Order Defense in Miami
If you have recently been notified of a restraining order granted against you, contact our attorneys at Hager & Schwartz, P.A.. We can guide you through your hearing and ensure that you have the best case possible for why there should not be a permanent order granted against you. Call us at (305) 330-1360 to set up a case consultation where we can discuss the allegations against you.