Miami, FL Order of Protection Defense Lawyer

Attorney for Restraining Orders in Domestic Violence Cases in Miami, Florida

In situations involving accusations of domestic violence, the legal system often moves quickly to impose restrictions on the accused, even before criminal charges are fully investigated or resolved. In many cases, accusations will result in the issuance of an order of protection, also known as an injunction for protection or a restraining order. These court orders are designed to prevent further harm, but they can also place significant limitations on a person's life.

Stroleny Law: Criminal Defense Attorney can provide legal support for people who have been accused of domestic abuse. When a person has been served with an injunction or is concerned about the restrictions they may face based on domestic violence accusations, our lawyer can help them safeguard their rights. He will assess the facts of a case, help respond to a petition for a restraining order, advocate for the accused during hearings, and take steps to minimize the lasting consequences that our client may face.

Types of Restraining Orders in Florida

Protective orders are civil court orders that are meant to protect a person from threats, harassment, or violence. In Florida, there are several types of injunctions that may be available in different situations. These include:

• Domestic Violence Injunctions: These orders may be requested by people who claim to be victims of domestic violence or who fear imminent harm from a spouse, ex-spouse, relative, cohabitant, or co-parent.
• Dating Violence Injunctions: People who have been in a romantic or intimate relationship within the past six months and who do not necessarily live together may be eligible for these types of orders. They can address allegations of violent acts or threats between dating partners.
• Sexual Violence Injunctions: These orders may be requested regardless of the relationship status of the parties if the petitioner alleges they were a victim of sexual battery or other sex crimes.
• Stalking or Cyberstalking Injunctions: These orders may apply when a person claims that they have been followed, harassed, or threatened, either in person or through electronic communications.

Restrictions Imposed by Protective Orders

When an injunction is issued by the court, it may place several legally enforceable restrictions on the respondent. These can include:

• No-Contact Provisions: The respondent will usually be prohibited from engaging in any forms of communication with the petitioner, including calls, texts, emails, or messages through third parties.
• Exclusion From a Shared Residence: The respondent may be required to vacate a home shared with the petitioner, regardless of legal ownership or lease rights.
• Stay-Away Orders: Mandatory distance requirements of 500 feet or more may be imposed, preventing the respondent from going near the petitioner's residence, workplace, or school.
• Firearm Restrictions: The respondent will be required to surrender any firearms or ammunition, and they will be prohibited from possessing or purchasing new firearms.
• Temporary Custody and Visitation Limits: An order may put orders in place that may restrict or suspend the respondent's contact with children shared with the petitioner.
• Mandatory Counseling or Intervention Programs: The respondent may be ordered to participate in anger management or domestic violence intervention classes.

These terms can be enforced immediately upon the issuance of a temporary injunction. In a situation that is considered to be an emergency, an injunction may be put in place without the respondent having an opportunity to give their side of the story. It is essential to respond quickly when served with an order of protection, and a respondent may take steps to defend against accusations and prevent a permanent injunction from being put in place.

Collateral Consequences of a Restraining Order

In addition to the restrictions that are directly put in place in a restraining order, there are other long-lasting effects that could have an impact on nearly every area of a person's life, including:

• Employment Challenges: Employers who conduct background checks may learn about the injunction, and they may view the accusations against a person as a sign of instability or risk, especially in jobs that may involve security clearance, public trust, or professional licensing.
• Loss of Firearm Rights: Even in the absence of a criminal conviction, federal and state laws prohibit people who are subject to domestic violence restraining orders from possessing firearms.
• Child Custody Disputes: An order of protection can affect a family law case, potentially limiting a parent's child custody or visitation rights.
• Immigration Consequences: Non-citizens may face penalties related to accusations of domestic violence, including deportation or denial of naturalization.

Penalties for Violating an Injunction

Violating a restraining order is a serious criminal offense. A person accused of knowingly violating the terms of an injunction may be charged with a first-degree misdemeanor, which could lead to a sentence of as much as one year in jail. Repeated violations could lead to third-degree felony charges, which may be punishable by up to five years in prison.

Each alleged violation may result in a new charge, and even accidental or unintentional contact (such as replying to a message or being in the same public place as the petitioner) may be considered a violation. Legal representation can be critical when defending against charges of violating an order of protection.

Defense Strategies Against Protective Orders

Our criminal defense attorney can challenge a petition for a protective order by addressing the petitioner's claims and the facts involved in a case. Some possible legal defenses may include:

• Lack of Imminent Threat or Harm: Protective orders are intended to prevent ongoing or future harm. If the petitioner cannot show that they or their family members are currently in danger, the court may deny their request.
• False or Exaggerated Allegations: Our lawyer can help present evidence showing that allegations of domestic violence or threats are fabricated or misleading.
• No Prior Violence or Harassment: A history in which there has been no indication of past threats or physical acts may undermine the accuser's claims and demonstrate that there is no need for court intervention.
• Credibility Challenges: Witness testimony, conflicting statements, or prior conduct by the petitioner may be used to question their reliability or their motives for seeking the order.

At an injunction hearing, both sides may present testimony, documents, messages, and other forms of evidence. Our attorney can cross-examine the petitioner, call witnesses, and highlight inconsistencies that cast doubt on the need for a restraining order. He will fight to protect the rights of a person who has been accused of domestic violence and prevent them from being subject to unnecessary restrictions.

Contact Our Miami Domestic Violence Injunction Defense Attorney

If you are facing an injunction or have been accused of violating a restraining order, legal representation is essential. At Stroleny Law: Criminal Defense Attorney, our legal team can help you protect your rights, challenge unsupported allegations, and prevent severe restrictions on your life. Reach out to our Miami, FL protective order defense lawyer today by calling 305-615-1285 to arrange a free, confidential consultation.