Miami Restraining Order Lawyer

Fighting Restraining Orders in Florida

A restraining order is a court order that prohibits certain actions on the part of an individual named in the order. Victims of domestic violence whether they have been injured or threatened with injury and feel unsafe can take legal protective action against the alleged offender. A restraining order is an injunction, which is a preventative measure that guards against future injuries.

Basically, it requires a person to refrain from doing a particular act or activity that is contrary to good conduct. Most often, a restraining order will prohibit the individual named in the order from coming within a certain distance of a victim of domestic violence, stalking or harassment or will prohibit the individual from contacting the victim in any way whatsoever. Types of situations where a domestic violence victim may pursue a restraining order may include instances of child abuse, physical abuse, sexual abuse, emotional abuse, or child neglect or endangerment.

How Our Miami Restraining Order Lawyers Can Help 

The Law Office of Michael Mirer, P.A. is experienced in defending clients in all types of domestic violence cases, including the various aspects of restraining orders. If you have a restraining order against you or you have violated a restraining order, you should obtain legal counsel as soon as possible. The laws in Florida are strict concerning domestic violence cases and normally the offenders are placed in custody first, then the facts sorted out later.

How Do I Deal with a Restraining Order?

The first step is to get an attorney immediately. If you violate the order, you can expect to be taken into custody immediately. A violation can include calling, emailing, arriving at your home to pick up your personal possessions or trying to see your children. If you are released after being charged and are out on bail or have been released on your own recognizance, and then violate the terms of your pretrial release (including an order of protection), you will be held in jail until your trial takes place.

You are required under law to refrain from any contact of any type with the alleged victim. The first step in any legal matter involving a restraining order is to be extremely careful about your actions, and if the accusations are false, we can take legal action to have the restraining order withdrawn. Do not contact the person making the accusations against you.

Filing a Restraining Order in Florida

A victim can obtain a restraining order by filing a petition for an injunction. A temporary injunction lasts for 15 days. To obtain a general injunction that lasts for 1 year, a judge will listen to the evidence and decide whether to grant it to the victim. If you have a restraining order against you and you violate it, you could be in serious trouble. Law enforcement will arrest an offender who violates a restraining order.

The Sheriff's Department urges victims to call 911 if they are in a life-threatening situation. The Department also advised victims to have a copy of the restraining order in their possession at all times.

Restrictions Imposed By Restraining Orders

Restraining orders restrict the offender from being within a designated distance from the victim's home, work, school, or other indicated locations. The accused cannot contact the victim by phone or through the mail. The restrictions extend to contacting family members or children of the victim.

The order also prohibits stalking or engaging in any kind of activity that might harass the victim. A person in the middle of a divorce proceeding, annulment or separation may return to his/her residence to retrieve personal effects, but only within the limited entry allowance indicated in the restraining order.

Challenging a Florida Restraining Order

In Florida, after you are served a restraining order you have the right to challenge the allegations that have been brought against you. Perhaps you were accused of assaulting your spouse or an ex-girlfriend in some way. You may have been accused of stalking or harassment.

Whatever the particular case, you do have the right to a hearing, wherein a judge will review the restraining order and will make a determination as to whether to make it more permanent or to cancel it entirely. Although you do not have to retain legal counsel for this hearing, having a lawyer at your side will most likely be extremely beneficial.

A violation can mean charges of a 1st-degree misdemeanor and up to $1,000 in fines. Depending on the circumstances of the violation, for instance, a more serious incident of aggravated stalking can increase a sentence of up to 15 years in state prison.

Know Your Rights in Miami-Dade

You need to seek legal advice as soon as you have a restraining order filed against you. Your attorney can represent you during your domestic violence case and offer a strong defense on your behalf against the prosecution. A defense lawyer can help you through the legal process, and protect your rights at every step in the criminal court system. Mr. Mirer is a former prosecutor and understands both sides of the legal process. We work hard for our clients with the goal to help them achieve the best possible case outcome.