Miami Restraining Order Lawyer

There are many situations where people may face concerns about domestic violence and take steps to seek protection. In cases involving spousal abuse or child abuse, family members may ask for restraining orders that will help to prevent violence from occurring in the future. Protective orders may also be available in other situations, such as when abuse has allegedly occurred between dating partners or when a person has experienced sexual violence or stalking.

In Florida, a restraining order is formally called an "injunction for protection," and it is a civil court order that will require a person to stop certain behavior and stay away from an alleged victim. These orders can provide people with safety, but they can also result in serious consequences that can affect a person and their family, and they may sometimes be based on false accusations. A person who is seeking protection or who needs to respond to a petition for an injunction against them will need to understand their options. A skilled and experienced attorney can provide the legal representation needed in these situations.

At The Hoffman Firm, our lawyer works with clients to ensure that issues related to domestic violence injunctions and other types of restraining orders will be handled correctly. He understands the procedures that are followed when these matters are addressed in courts in and around Miami-Dade County. He knows what types of evidence will be persuasive in these cases and how to protect clients' rights. Whether you need to obtain a restraining order that will provide you with protection or defend against an injunction or accusations of domestic violence, he can provide the legal help needed throughout your case.

Why Florida Courts May Issue Protective Injunctions

A person may request an injunction and take steps to show that they have been the victim of violence or that they believe they are at risk of harm due to violence. The purpose of an injunction is to prevent any future acts of domestic violence or other types of offenses.

Here are a few examples of situations that may lead a person to request an injunction:

• A woman was pushed against a wall by her husband during an argument, and he later threatened to hurt her if she told anyone. She may take steps to obtain a domestic violence restraining order.
• A college student ended a relationship with a boyfriend who she had been dating for several months, and he responded by showing up at her apartment and grabbing her arm when she tried to leave. She may ask for a dating violence injunction against the ex-boyfriend.
• A man received dozens of threatening text messages from a former coworker on a daily basis, and the person also followed him to the gym and posted his personal information about him online. He may request an injunction to address stalking.
• A person punched their neighbor on two separate occasions because of a dispute about noise, and the neighbor worries that they will be attacked again. This may allow them to request an injunction to prevent repeat violence.
• A teenager was sexually assaulted at a party and reported the crime to police. Her parents may want to make sure the attacker cannot come near her at school or at home, and they may take steps to obtain a sexual violence injunction.

Types of Injunctions Available in Florida

Different types of restraining orders may be used to address the situations described above or similar cases where people may be at risk of harm. The injunctions that may be available include:

Domestic Violence Injunctions

Violence within a family or between people who live in the same household can be addressed through domestic violence restraining orders. Spouses, ex-spouses, other people who are related through blood or marriage, parents who share one or more children, or others who live together or previously lived together in a family situation may receive protection against violence. The types of violence addressed by these injunctions may include assault, battery, sexual assault, sexual battery, kidnapping, false imprisonment, stalking, or other offenses involving injuries.

Dating Violence Injunctions

People who have been in romantic relationships may not meet the criteria for domestic violence injunctions, but they may still be at risk of violence at the hands of a current or former partner. In cases where a couple has had a romantic or sexual relationship lasting for at least six months, and one person fears that they may suffer harm because of violence, they may request a dating violence injunction.

Sexual Violence Injunctions

In situations where a person has been the victim of sexual assault or other forms of sexual violence, but they do not qualify for a domestic violence injunction, they may be able to receive a protective order against the alleged offender. A person will need to report sexual violence to law enforcement and cooperate during the investigation or prosecution of a criminal case.

Stalking Injunctions

A person who has allegedly experienced ongoing harassment or other behavior that caused them to suffer emotional distress or fear for their safety may seek an order of protection to prevent stalking and protect their safety. These cases may involve allegations that a person has followed the alleged victim, contacted them repeatedly, engaged in harassing behavior, or taken actions that may be considered cyberstalking, such as harassing them using email or social media.

Repeat Violence Injunctions

When a person has allegedly committed at least two acts of violence, threats, or stalking against a person, the alleged victim may take steps to obtain a repeat violence injunction. These injunctions may be available in situations that are not covered by other types of injunctions. A person who requests an injunction will typically need to show that at least two qualifying incidents have occurred, and one of those incidents must have taken place within the past six months.

How the Injunction Process Works

A person who believes they need protection against violence may take steps to request an injunction. The steps followed in these cases may include:

Filing a Petition for an Injunction

The person seeking protection, who is known as the petitioner, will file a petition in court. This petition may be filed in the county where the petitioner lives, where the respondent lives, or where violence, threats, or other qualifying offenses allegedly occurred. The petition will need to describe specific incidents in detail, providing dates, locations, information about what happened, and any injuries that occurred.

Temporary Injunctions

A judge will review a petition for an injunction, and if they believe that there is a need to address immediate threats or safety concerns, they may issue a temporary injunction. The respondent does not need to be present at a hearing, and a temporary injunction may be issued without the respondent being able to challenge the accusations. A temporary restraining order will remain in effect until a full hearing can be held, which will usually be within 15 days.

The Final Hearing

The respondent will usually be served with the petition for an injunction and a temporary restraining order. They will be provided with a notice of a hearing. Until this hearing is held, they will be required to follow all terms and restrictions included in a temporary injunction.

At the final hearing, both parties will have the opportunity to present their case. The judge may hear testimony from the parties and other witnesses, and they may review other evidence, such as photographs, medical records, communications between the parties, and police reports. The judge will make decisions about whether a final injunction should be issued by considering issues such as:

• History of Violence: Has the respondent engaged in a pattern of abusive or threatening behavior toward the petitioner or other people in the past?
• Criminal Record: Does the respondent have a criminal history involving violent crimes?
• Threats and Weapons: Has the respondent threatened to harm the petitioner or used a weapon to commit violence?
• Harm to Children or Pets: Has the respondent attempted to harm the petitioner's family members or pets or destroyed property?
• Control and Isolation: Has the respondent taken steps to restrict the petitioner's movements or their ability to communicate with others?

Frequently Asked Questions About Restraining Orders in Florida

Terms That May Be Included in Injunctions

If a judge chooses to issue a final injunction, it may include restrictions and requirements that will apply to the respondent, including:

• Prohibiting the respondent from committing any further acts of violence against the petitioner.
• Prohibiting the respondent from contacting the petitioner directly through phone calls, text messages, email, or other methods or indirectly by sending messages through friends or relatives.
• Ordering the respondent to stay a certain distance away from the places where the petitioner lives, works, or attends school.
• Granting the petitioner exclusive use of a family's shared home.
• Addressing issues related to child custody, including awarding custody to the petitioner, requiring supervision during the respondent's parenting time, or requiring the respondent to pay child support.
• Requiring the respondent to receive counseling or participate in an intervention program meant to prevent domestic violence.
• Requiring the respondent to surrender any firearms and ammunition they own and prohibiting them from possessing firearms while an injunction is in effect.

Penalties for Violating an Injunction

Criminal charges may apply if a person is accused of disobeying the terms put in place in a restraining order. Willfully violating a domestic violence injunction is a first-degree misdemeanor, and a person who is convicted of this offense could be sentenced to up to one year in jail and fined up to $1,000. Violations of dating violence, sexual violence, repeat violence, or stalking injunctions are treated similarly. Felony charges may apply for repeat offenses or in situations where a person allegedly inflicted injuries on the petitioner or used a dangerous weapon.

Helping Victims Seek Protection

When a person has been the victim of domestic violence or other forms of violence, our lawyer can provide the assistance needed to obtain the proper restraining orders. He can:

• Determine which type of injunction fits a specific situation.
• Prepare a clear, detailed petition that describes incidents of domestic violence or other offenses.
• Gather supporting evidence such as photographs and medical records while preparing a petitioner or other witnesses to testify during a hearing.
• Provide representation during hearings and demonstrate that an injunction is needed.
• Request terms that will address specific safety concerns, including protections for children or other family members.

Defending People Who Have Been Accused of Domestic Violence

A person who has been served with a restraining order can have their life turned upside down. A temporary injunction may force them out of their home and prevent them from contacting their spouse or children. These restrictions may be put in place before a person has had the chance to tell their side of the story. In some cases, petitions for restraining orders may be filed to gain an advantage in a divorce or child custody dispute, and a petitioner may make false claims or exaggerate what actually happened.

A final injunction can have an impact on a person's life for years. It will appear in background checks, and it could limit a person's opportunities for employment, affect their immigration status, and play a role in decisions about child custody or other family law issues. Our attorney can help clients address petitions for restraining orders, defend against final injunctions, and take steps to protect our clients' rights.

By reviewing a petition carefully, our lawyer can identify inconsistencies in statements made by the petitioner. He will gather evidence that tells the full story, such as phone records, location data, messages between the parties, and witnesses who can explain what actually happened during an incident. During a hearing, he can cross-examine the petitioner and present evidence showing that a final injunction will not be necessary.

Our attorney can also provide guidance on the steps that can be taken to follow a temporary restraining order while a case is pending. Even an accidental violation, such as responding to a text message from the petitioner, could lead to arrest and additional charges while making it more difficult to defend against a final injunction. When necessary, our lawyer can provide guidance on the options for modifying or terminating a final injunction based on changes in a person's circumstances.

Contact Our Miami, Florida Domestic Violence Restraining Order Attorney

Injunctions can help protect the safety of people who have experienced domestic violence, stalking, sexual violence, or other forms of violence. Whether you believe that you need a restraining order to protect against harm or need to defend against an injunction, the attorney at The Hoffman Firm can provide the representation you need. He will advise you of your options, help you prepare for hearings, and advocate on your behalf during your case. Contact our Miami, FL domestic violence injunction lawyer at 305-249-0090 to arrange a free consultation.