MIAMI RESTRAINING ORDER ATTORNEY
Contesting and Defending Against Injunctions
In Florida, what most people call a “restraining order” is legally known as an injunction for protection. It is a civil court order that directs one person to stay away from and not contact another person.
The order can require you to avoid a loved one’s home, work, or school, and even suspend your right to contact them by phone, email, text, or social media. Although these cases are handled in civil court, violating an injunction can lead to arrest and additional criminal charges. Being served with a restraining order is serious and demands immediate, informed attention.
If you have received a notice of a temporary or final injunction, you still have rights. Avenues are available to challenge the allegations, share your side of the story, and seek to modify or dissolve an order that was unjustly issued.
Timing is crucial because the court will schedule a hearing within days of issuing a temporary restraining order, and if you do nothing, the injunction could become permanent. As former state prosecutors with over fifty years of combined experience, our attorneys at Hager & Schwartz, P.A. understand how these cases are built and the intricacies of Florida’s injunction laws. That background enables us to develop tailored case strategies that identify weaknesses in the petitioner’s claims and safeguard your rights.
Facing a restraining order can be stressful and personal. That’s why our Miami injunction lawyers are always available to clients—day or night—to answer questions, explain options clearly, and start building a defense. We take the time to listen to your side, gather evidence, and develop a strategy focused on pursuing a just outcome for you. Our goal is to provide compassionate, solutions-oriented representation while pursuing a fair result.
Taking early, informed steps allows you to protect your rights and start the process of contesting, modifying, or vacating the order.
If you or someone you care about has been served with a restraining order in Miami or anywhere else in Florida, we encourage you to contact us. We offer a free initial consultation to help you understand the allegations, review court documents, and discuss a plan of action.
Understanding Restraining Orders in Florida
In Florida, a restraining order, also called an injunction for protection, is a civil court order that requires someone to stop certain behaviors and avoid contact with the person requesting protection.
Unlike criminal charges, these civil injunction orders aim to prevent further harm rather than punish past actions. They may require the respondent to stay away from the petitioner’s home, workplace, or other specified areas, and stop communication through phone calls, texts, email, or social media. Understanding the scope of a restraining order is essential because even accidental contact could be considered a violation and result in criminal penalties.
Florida law permits judges to issue two types of injunctions: temporary (ex parte) and final. A temporary restraining order can be granted quickly when the judge believes an immediate and ongoing danger is present; it offers fast protection based solely on the petitioner’s sworn allegations and usually lasts no more than 15 days. During that period, the court schedules a hearing where both parties can present evidence. At that hearing, the judge decides whether to issue a final injunction.
A final injunction can be limited to a specific time frame—such as one year—or it may have no expiration date. Importantly, Florida law allows a respondent or petitioner to request that a final injunction be changed or dissolved if circumstances change. For example, a permanent injunction lawyer can ask the court to remove an order that is no longer needed or to modify the terms to allow limited, supervised contact.
It’s also important to understand that injunction hearings are civil cases; they are separate from any criminal case that might result from the same incident. You are not entitled to a public defender during the injunction hearing, and anything you say in court can be used later in criminal proceedings.
Because the stakes are so high, many people seek restraining order hearing representation from attorneys who understand both sides of the courtroom. Our lawyers, who bring more than five decades of combined experience and the perspective of former state prosecutors, are skilled at navigating these hearings while laying the groundwork for any related criminal defense. By crafting custom-fit case strategies to reveal weaknesses in the petitioner’s allegations, we help clients protect their rights and move forward with confidence.
Types of Injunctions in Florida
Florida law recognizes several different restraining orders, or injunctions, each designed for specific relationships and behaviors. Knowing the eligibility requirements helps determine which type applies and what relief the petitioner can request.
The following is an overview of the restraining orders in Florida, including who can file and the circumstances under which they can do so.
Domestic Violence Injunction
A domestic violence injunction aims to protect family or household members. An individual can request this type of order if they and the other person live together as a family, have lived together in the past, or share a child.
“Family or household member” includes spouses, ex‑spouses, relatives by blood or marriage, people who are or were intimately involved and cohabiting, and parents of a child in common.
This injunction applies when the respondent has committed or threatened acts of violence, such as battery, stalking, kidnapping, or other offenses that cause injury. As a result, it can order the respondent to leave the shared residence, stop all contact, and follow other restrictions.
Repeat Violence Injunction
A repeat violence injunction, also known as a harassment injunction, can be requested by individuals who are not family or household members, such as neighbors, classmates, or coworkers, when at least two incidents of violence or stalking have occurred, with one happening in the past six months.
This injunction is appropriate when the petitioner’s relationship with the respondent does not fall under the domestic violence category, but the behavior still presents a threat. It offers protection against further harassment, threats, or physical harm by preventing the respondent from contacting or approaching the petitioner.
Dating Violence Injunction
If the petitioner and the other person have or had a romantic relationship, the other person might be subject to a dating violence injunction. Florida law requires that the relationship was within the past six months, involved an expectation of affection or sexual involvement, and included regular, ongoing interactions—not just a casual acquaintance.
This injunction addresses threats or acts of violence within that dating relationship and can limit the respondent’s contact with the petitioner. Because dating violence cases often involve complex personal dynamics, having a knowledgeable advocate can assist in navigating the hearing and safeguarding rights.
Sexual Violence Injunction
A sexual violence injunction is issued when the respondent commits certain sexual offenses—such as sexual battery, lewd or lascivious acts against a child, luring or enticing a child, or any forcible felony involving a sexual act.
To obtain this injunction, the petitioner must have reported the offense to law enforcement and be cooperating with any criminal investigation, or the respondent must be close to release from incarceration for the sexual offense.
This order can offer long-term protection and limit the respondent’s contact and proximity to the petitioner.
Stalking Injunction
For individuals facing stalking or cyberstalking, a stalking injunction provides protection. The petitioner must demonstrate at least two incidents of stalking, which Florida law defines as willful, malicious, and repeated following, harassment, or cyberstalking of another person.
This injunction can prohibit the stalker from approaching the petitioner or engaging in any form of surveillance or electronic harassment. Because stalking and cyberstalking are complex, working with a stalking injunction defense attorney can help ensure the court understands the case's nuances and applies appropriate protections.
Each of these injunctions serves a different purpose, but all can limit the respondent’s freedom and have long-term effects. Our team develops strategies tailored to the specific type of injunction you face. Whether you need to defend against allegations or seek to revoke an unjust order, we provide personalized guidance and a free initial consultation to help you move forward.
Legal Consequences of an Injunction
A final injunction has major, wide-ranging effects that go far beyond a simple court document. Once issued, the court can order the respondent to cease all direct and indirect contact with the petitioner. This often means moving out of a shared home, staying away from the petitioner’s workplace or school, and avoiding any location the court considers necessary. The judge may also limit or oversee time spent with children, order child or spousal support payments, and restrict communication to court-approved channels.
For a parent or caregiver, these changes can be emotionally difficult and practically complicated, which is why having a compassionate advocate who understands the legal consequences of an injunction is essential.
In addition to these personal restrictions, a final injunction prohibits firearm possession under state and federal law. If you work in a field that requires firearms—such as law enforcement, security, or military service—your job could be jeopardized. Professional licenses may be suspended or revoked, admission to schools and universities can be affected, and immigration status may be at risk.
These collateral consequences can be especially devastating for people whose livelihoods depend on a clean background. Our attorneys, who bring over five decades of combined experience and a history as former state prosecutors, know how to present mitigating evidence and seek modifications to protect your career and future.
Perhaps most importantly, violating a restraining order in Florida is a criminal offense. Each violation can result in arrest and a first‑degree misdemeanor charge carrying up to one year in jail. If the alleged violation involves stalking, the charge may be elevated to a third‑degree felony, punishable by up to five years in prison. Multiple violations can lead to consecutive sentences and further restrictions. Even unintentional contact, like passing the petitioner in a grocery store, can trigger an arrest. To avoid these pitfalls, it is critical to strictly follow the court’s orders while working with an attorney to contest or modify the injunction.
Understanding how disruptive these outcomes can be, our team offers clear guidance and consistent availability to clients. We craft tailored case strategies to meet the injunction’s requirements, seek relief from burdensome conditions, and defend against alleged violations. If you're worried about how an injunction might affect your family, career, or freedom, we invite you to schedule a free initial consultation to explore your options.
Responding to a Restraining Order: Your Rights and Defense Options
Being served with a restraining order can feel overwhelming, but taking thoughtful, immediate steps can impact the outcome of your case. First, carefully review the court order. The injunction explains what you can and cannot do before the hearing—whether it restricts your physical proximity to certain locations, prohibits all forms of communication with the petitioner, or sets other conditions.
It is crucial to follow these restrictions exactly; any contact, even an accidental text or a social media “like,” could be seen as a violation. Gather and keep evidence that counters the allegations, such as messages, photos, GPS data, or witness information, and write down your recollection of events while it is still fresh.
At this point, consulting an attorney experienced in defending against restraining orders is essential. A knowledgeable lawyer can help you understand the allegations, assess whether the temporary order was issued correctly, and develop a strategy to challenge the claims.
The injunction hearing gives you a chance to share your side of the story. During this civil process, both parties can present evidence, call witnesses, and cross-examine each other’s witnesses. The judge will review the testimony and documents to decide whether to issue a final injunction, dismiss the petition, or adjust its terms. Because the hearing may be recorded and statements can be used in related criminal cases, it’s wise to approach it carefully and with preparation.
Having legal representation at the restraining order hearing ensures someone who can effectively introduce evidence, object to improper testimony, and defend your rights. Our attorneys, who have served as state prosecutors and have decades of combined experience, can anticipate the other side’s tactics and develop strategies to highlight weaknesses in the petitioner’s case.
Never ignore court notices or skip hearings. Missing a court date can lead to the court issuing a final injunction by default, which leaves you without a chance to defend yourself. Even if you think the allegations are false, it’s important to take the process seriously. By actively challenging a protective order with professional help, you can work to prevent a final injunction, negotiate changes to reduce restrictions, or seek to remove an unfair order entirely.
Our firm takes pride in being consistently accessible to clients. We craft tailored case strategies and stay by your side at every step, from gathering evidence to cross-examining witnesses so that you can navigate the legal system with confidence and hope.
Why Choose Our Team for Your Case?
Choosing the right advocate when facing an injunction is a crucial decision. Florida has several types of restraining orders, each targeting different relationships and behaviors, and violating a final order can have serious personal and professional consequences.
An experienced attorney can help you understand these complex laws, avoid mistakes that could lead to criminal charges, and keep your options open to contest or change an order. At Hager & Schwartz, P.A., we provide this combination of legal insight and compassionate support.
Our firm distinguishes itself through the extensive and varied experience of our team. With over 50 years of combined practice in Florida courts, our attorneys have refined their skills in prosecutorial and defense roles. This dual perspective allows us to foresee how the state will develop its case and devise strategies to identify weaknesses in the allegations against you.
Over the years, we have successfully defended clients in domestic violence injunction hearings, helped parents maintain their relationships with their children, and secured dismissals or modifications of unfair orders. These achievements have earned us superb ratings from Avvo and an AV® Rating from Martindale-Hubbell, and peers and clients highly regard us.
Client service is at the heart of what we do. We provide personalized, one-on-one attention, learning your story and understanding how the injunction impacts your family, career, and future. Our attorneys sincerely care about achieving fair results for our clients and are available to answer questions or address concerns whenever they arise.
Whether you need a restraining order defense lawyer in Miami, legal help with an order of protection modification, or representation in a related criminal matter, we have the resources and dedication to handle your case. We proudly serve clients throughout Miami-Dade County and nearby areas, and our experience also includes federal courts.
If you have been served with an injunction, don’t wait. Avoid contact with the petitioner, preserve evidence, and contact a Miami injunction attorney who can begin building your defense. Taking immediate, informed action can make all the difference in safeguarding your rights and protecting your future.
