Restraining Orders in South Florida
Restraining orders are a serious matter, and they deserve your prompt attention. Even when a restraining order has been issued against you, you still have rights.
Never ignore a restraining order request. Instead, you should seek legal advice to go over your rights and options; consulting with an injunction attorney can help you resolve this issue. Once a restraining order is issued, you can be charged with a crime if you are accused of violating such an order.
A criminal injunction can affect you on many levels. For example, you may not have contact with the other party’s children, you may have to surrender all weapons, and you might have to move from your permanent residence.
If a person asks a court to issue a restraining order against you due to alleged domestic violence, you are entitled to be notified and have a court hearing to defend yourself. In some cases, you may need to attend substance abuse or domestic violence counseling.
Types of Restraining Orders
Restraining orders can be broken out in different types. These include domestic violence restraining orders, an emergency protective order, civil harassment restraining orders, and workplace violence restraining orders, just to name a few. However, these can all fit within three main types of injunctions:
- Temporary Restraining Order (TRO): Refers to a short-term injunction issued before a formal court hearing. These types of restraining orders are issued when there is a danger that the delay of issuing an order could cause irreparable harm.
- Preliminary Injunction: These are issued early in a lawsuit, prohibiting the party from doing what’s in dispute until there is a final court judgment.
- Permanent Injunction: This is the final court order informing a party to cease certain activities or performing certain acts permanently.
What to Do When Facing a Restraining Order?
Build Your Criminal Defense Team
After receiving a restraining order, the initial steps you take can help you control this matter. You will want to gather any physical evidence relating to the incidents the petition is referring to. Assembling documents or any records that could connect to the case, and making a list of witnesses can help you prepare for your restraining order case.
In the case the petitioner has made false accusations about an incident, you need evidence to fight these claims. As you work with a restraining order lawyer, all of these elements will help you build your legal defense and a strategy to fight for your rights.
It is also important to know what not to do when facing a restraining order. If you violate a temporary restraining order, then you have to be able to defend yourself against a permanent injunction. Failing to follow the requests from a restraining order can negatively impact your chances of ever controlling this issue. This is why working with an experienced attorney can help you make sure you’re following the right legal steps in this process.
Working with an Injunction Attorney in South Florida
If you or someone you know has a restraining order against them, or if you violated a restraining order, working with a criminal defense attorney will make the difference. Call 954-388-9841 or contact us online to schedule a free consultation with an experienced criminal defense lawyer near you.
Our criminal defense attorneys are ready to aggressively represent you. We will fight for your rights, so you can put a restraining order behind you and return to your normal life.