Florida allows individuals who are victims of domestic violence to seek protective injunctions, otherwise known as restraining orders. These court orders are common in cases involving divorce or strained family relationships. If you have recently been served with a restraining order, here are some tips to help.
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Take the Matter Seriously
While you may think this is the latest desperate attempt for your ex, it’s vital you take the matter seriously and take necessary action to protect your legal rights. A protective injunction can significantly impact your life by:
- Ordering you not to have any contact with the petitioner
- Limiting your time with your children
- Requiring you to leave a shared residence
- Mandating you to pay support for the petitioner or your minor children
- Affecting your job or professional license
- Losing your gun rights
- Limiting your educational opportunities
- Impacting your immigration rights
- Subjecting you to criminal penalties if you violate its terms
Do not simply ignore the petition, as you could allow the respondent to win a default judgment against you if you do.
Read the Restraining Order
Carefully read the order. Try to understand what the petitioner is alleging you did. Also, carefully review the limitations provided in the order, including any exclusion from your shared residence and contact with the alleged victim.
Obey the Order
The temporary restraining order is valid and enforceable once you are served with it. Violating it could cause you additional legal problems and essentially guarantee that a permanent restraining order will be granted against you.
Learn the Law
Florida provides for five different types of protective injunctions:
- Domestic violence
- Sexual violence
- Dating violence
- Repeat violence
- Stalking
Each type of order has different definitions and applies to different people and situations. Identify the type of order you have been served with and the definition to determine if this type of case can even be filed against you. The petitioner may not have a sufficient legal basis to file this type of case against you, which can provide grounds for dismissal at the hearing.
Do Not Contact the Alleged Victim or Other Named Parties
One of the most important things not to do after being served with a protective order is to contact the alleged victim. The order may also prohibit you from contacting other people, such as the victim’s family members or your shared children.
While it’s understandable that you might want to try to clear up any misunderstanding or convince the petitioner not to take such drastic action, contacting them can violate the order and subject you to additional penalties. If the protected party contacts you, end the contact immediately by hanging up the phone or walking away.
You should avoid all forms of contact, including:
- In-person visits
- Phone calls
- Text messages
- Social media messages, likes, follows, tags, or other contact on social media platforms
- Contact through a third-party
You do not want to do anything that could undermine your credibility at the hearing.
Stay Off Social Media
It’s best to stay off social media entirely if you ever find yourself embroiled in a legal dispute. The other party or their lawyer can use the information on your page or messages you post against you. Privacy settings are not a guarantee that this information won’t be found.
If you find it difficult to completely remove yourself from social media, do not post any of the following:
- Information about the underlying incident that resulted in the restraining order’s issuance
- Any information about the court case, judge, or lawyers
- Pictures or videos of the incident
- Comments about the petitioner
Remember, anything you post online could be shared by your “friends,” so even if you’re not linked on social media to the petitioner, they may still get that information.
Prepare for the Hearing
To avoid a default judgment against you, you must appear at the hearing. Preparation for this hearing is key. An experienced domestic violence defense lawyer can explain how to prepare for a restraining order hearing. Your particular strategy will depend on the circumstances and your objectives.
Consider why the petitioner might be making allegations against you. Often, restraining order cases arise because a party wants to get an upper hand in a different family law case, such as child custody. Is your ex trying to get back at you because you cheated, or they didn’t want you to leave them? Are they making up stories because they are embarrassed about their own actions? Share your thoughts with your lawyer so they have all the relevant information and can investigate your claims.
Consider Possible Defenses
You may have a viable defense that you want to assert in court. For example, the petitioner could have been the person who initiated violence or may have consented to the contact they are now complaining about. Provide your lawyer with any information and evidence that could aid in your defense, such as:
- Photos or videos of your injuries or the petitioner acting violently or in a way they are accusing you of
- Medical records of any injuries you sustained
- Text messages or phone records of the petitioner contacting you
- Social media posts or messages to and from the petitioner
Tell your lawyer if anyone else was present to see the events the petitioner alleged that may be able to testify on your behalf or if there are other character witnesses you may be able to call in your defense.
If you have been charged with a crime, your lawyer may advise you against testifying if your testimony could incriminate you and subject you to harsher penalties.
Contact an Experienced Domestic Violence Lawyer
If you have been served with a restraining order, you need an experienced family law attorney on your side. Conti Moore Law Divorce Lawyers, PLLC, has over 50 years of combined legal experience. We know how to win a restraining order hearing. Contact us today for a confidential consultation.
To get the help you deserve, contact or call Conti Moore Law Divorce Lawyers, PLLC, at (407) 831-0203 to learn more about how we can help with your Florida child custody matter.