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Miami Restraining Order Lawyer

Restraining Order in Florida

A restraining order, legally referred to as an injunction, is often issued in the event that a person brings about accusations of domestic violence or abuse or threats of bodily harm against a family member, spouse or cohabitant (someone he or she lives with). If you are served a restraining order, you will face a number of consequences - all of which a skilled attorney may be able to help you avoid.

Restraining Order Consequences

If a restraining order is filed against you, you may be required to leave the home that you currently share with the person who is the alleged victim in your domestic violence, spousal abuse or child abuse case. Even if you own the home or pay the rent, you will need to vacate the premises immediately and cannot come into contact with the victim or come within a certain distance of the victim.

What You Can Do About Your Restraining Order

If you have been served with a restraining order, you can take action to have the injunction dismissed. In the case of a temporary restraining order, you may be able to prevent the order from becoming permanent. An experienced defense lawyer will be able to contest your restraining order in court and possibly have it dismissed, so you can go home and be with your family.

Getting Your Restraining Order Dismissed in FL

Your lawyer at Hager & Schwartz, P.A. will work to have your restraining order dismissed by defending you against allegations that are false or not based upon any real credible evidence. In hearings for Permanent Restraining Orders, it is the petitioner (filing party) who holds the burden of proving that the respondent (responding party) has been violent (at least two times) or threatened imminent bodily harm to the point that places the petitioner in fear of her life or safety before a temporary injunction will be ordered permanent by a judge.

If a judge imposes a permanent restraining order, it can become part of your permanent record and follow you for the rest of your life! You will face even stricter penalties for a restraining order violation. Our Miami restraining order attorneys have significant experience in defending these actions and can assist if there is a pending restraining order against you.

Difference Between Restraining Order and Orders of Protection in FL

An order of protection is similar to a restraining order in that it prohibits a person from coming into contact with someone who has accused him/her of domestic violence, spousal abuse or child abuse. By working with an attorney regarding your order of protection, you have a chance to have the order lifted. An attorney will be able to petition to have the order lifted and then prove your side of the story with evidence, witness testimony and more.

Sometimes a Florida court may be hasty in issuing a temporary restraining order, a restraining order or an order of protection. In the effort to protect real victims of abuse and violence, an injunction may be issued which is not based upon hard evidence, only upon the accusations of an alleged victim.

Legal Assistance with Orders of Protection in FL

Hager & Schwartz, P.A. is a law firm with locations throughout Florida. Our Miami restraining order attorneys represent defendants in criminal cases throughout the state from our office locations in Broward County, Miami-Dade County, Fort Pierce, Palm Beach and Volusia County.

When you work with a lawyer at our firm regarding your order of protection, you can experience relief from the many limitations the order will enforce, including:

  • Prohibition from coming into contact with the victim in any way
  • Moving from your home, if it is shared with the victim
  • Staying at least 100 yards away from the victim and where he/she lives and works
  • Mandatory counseling
  • Prohibition from purchasing a firearm

Florida law is harsh on those who have been accused of domestic violence. When you work with an attorney at Hager & Schwartz, P.A. you will be treated with the respect that you deserve. We will fight to protect your rights.

Contact a Miami restraining order lawyer today at Hager & Schwartz, P.A.for legal representation

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    “We hired Brett Schwartz to defend my son who was facing false but extremely serious allegations of rape, sexual assault, domestic violence and a protective order against his eight year old son. He had ...”

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Real Results

  • Case Dismissed Aggravated Battery
  • Case Dismissed Aggravated Battery
  • Case and Injunction Dismissed Aggravated Battery & Domestic Violence Injunction
  • Case Dropped Aggravated Battery/Armed Burglary with Battery
  • No Jail/Prison Time Aggravated Stalking
  • Case Dismissed Armed Robbery with Firearm
  • Case Dismissed Battery on the Elderly
  • Case Dismissed Battery/Domestic Violence
  • Expunged Battery/Domestic Violence
  • Minimum Mandatory Sentences Waived Cocaine Trafficking
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