What To Do If You Have A Restraining Order Against You



A restraining order is a legal course of action that prevents one person from approaching another. Commonly restraining orders are obtained in cases of domestic violence or familial abuse. Many times, family members or close acquaintances file for a restraining order to embarrass or cause hardship for the other party.

If someone you care about has recently taken out a restraining order against you, you’re probably feeling hurt and wondering what to do next. The best course of action you can take is to educate yourself on the details of restraining orders and contact trusted legal counsel near you.

Understanding The Requirements To Obtain a Restraining Order

In Florida, there are requirements that must be met for a person to file a restraining order. The first requirement for a restraining order is that the person must be a family member or member of your household. The second requirement is there must be evidence of domestic violence.

Actions that are considered domestic violence in Florida include:

  • Physical abuse
  • Emotional abuse
  • Sexual abuse
  • Destruction of property
  • Threats
  • Kidnapping
  • Criminal trespassing
  • Stalking
  • Harassment

Due to the nature of domestic violence, it can be difficult to prove some of these charges. If you believe a person has fabricated evidence against you, it’s imperative to contact a trustworthy criminal defense lawyer as soon as possible to defend your case.

What You Can and Can’t Do Under a Restraining Order in Florida

Once a restraining order is filed against you, there are certain actions you must follow to avoid penalties. People who have been served with a restraining order are required to give up any firearms they own within 24 hours. Likewise, you must immediately cease all forms of communication including phone calls, text messages, and online chats with the person who filed the order against you.

If you do not follow the rules of a restraining order, there are severe penalties that include fines and jail time.

Can I Fight A Restraining Order?

Restraining orders can only be issued by the courts. If a restraining order is taken out against you, you still have the right to an attorney and a fair hearing. The best way to combat a restraining order is to gather and provide evidence that the other party made a false claim.

Some of the most common strategies defense lawyers use to prove innocence in restraining order cases include:

  • False evidence
  • Lack of witnesses
  • Unlawful search & seizure

Unfortunately, restraining orders have the ability to impact important aspects of your life such as child custody and work. If an unfair restraining order is affecting how you live your daily life and the relationship you have with your family, a lawyer can help you regain your freedom.

Obtain a Lawyer With Experience Handling Florida Restraining Orders

You don’t have to live with the consequences of an unlawful restraining order. For the best defense available in Orlando, call the dedicated and friendly attorneys at Fighter Law for a free initial consultation at 407-344-4837 or contact us online. Attorney Thomas Feiter is a Board-Certified and AV Rated Preeminent criminal defense lawyer who can help you win back your life.

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