If you’ve been served a restraining order, your next move is the most important one you’ll make. Every decision you make from this point forward will influence the outcome of your case. Restraining orders carry serious consequences, from steep fines to criminal charges, and the wrong move will leave lasting damage. However, a strong defense strategy gives you the power to turn things around and safeguard your future.
Miami restraining order lawyer at Stroleny Law, P.A., help clients navigate this difficult situation with confidence. Call us today at (305) 615-1285 for a free consultation and take the first step toward protecting your future.
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What Is a Restraining Order?
A restraining order, legally referred to as an injunction in Florida, serves as a protective measure issued by the courts. These orders are designed to shield individuals from potential harm or harassment. Whether prompted by an alleged history of violence, threats, or stalking, a restraining order imposes legal boundaries that the respondent must respect. Violating these terms constitutes a criminal offense.
In Florida, courts issue five primary types of restraining orders:
- Domestic Violence Injunctions: For cases involving spouses, former spouses, or family members.
- Repeat Violence Injunctions: Applicable when two or more acts of violence occur within six months.
- Dating Violence Injunctions: For individuals in a romantic relationship who experience threats or harm.
- Sexual Violence Injunctions: For victims of sexual assault, regardless of relationship.
- Stalking and Cyberstalking Injunctions: Protecting against persistent harassment, both in person and online.
Understanding the Laws That Govern Restraining Orders
Florida Statutes, particularly §741.30 (Domestic Violence Injunctions) and §784.046 (Repeat, Dating, and Sexual Violence Injunctions), outline the requirements and processes for obtaining an injunction. These statutes mandate that the petitioner demonstrate either a credible threat of violence or a documented history of abuse.
Courts consider evidence such as:
- Police reports detailing incidents of violence or harassment.
- Testimonies from witnesses or third parties.
- Digital evidence, including threatening emails, text messages, or social media posts.
Who Files for Restraining Orders?
Restraining orders protect a wide range of individuals, including:
- Current or former spouses.
- Family members, whether by blood or marriage.
- Romantic partners, regardless of cohabitation.
- Victims of stalking or harassment, even if there’s no prior relationship.
How Are Restraining Orders Defended?
Successfully contesting a restraining order involves dissecting the petitioner’s claims and undermining their credibility. Defense strategies hinge on demonstrating inconsistencies in their narrative, presenting counterevidence, or showing procedural flaws in how the injunction was filed. More on this later on.
Why Choose Stroleny Law, P.A.?
When a restraining order threatens your freedom, your choice of legal representation will make all the difference. At Stroleny Law, P.A., we approach each case with a singular focus: protecting your rights and securing the best possible outcome.
A Clear Advantage Through Experience
Julian Stroleny, our founding attorney, has handled thousands of cases from both sides of the courtroom. As a former state prosecutor, he understands how cases against respondents are built—and, more importantly, how they can be dismantled. Whether you’re facing allegations of domestic violence, stalking, or other claims, this experience allows us to craft tailored strategies that address the specifics of your case.
Accessible Support When You Need It Most
Our office, located at 66 W Flagler St, Suite 1005, is just steps from the Miami-Dade County Courthouse. This central location makes it easy for you to connect with us and for us to stay connected to your case’s progress.
Legal challenges don’t always stick to a 9-to-5 schedule, and neither do we. With 24/7 availability and free consultations, we are always here to answer your questions and provide support when it matters most.
Results Backed by Recognition
Our work has earned us accolades, including multiple years as a Super Lawyers Rising Star and recognition as Avvo’s Client’s Choice Award recipient. These honors reflect our consistent ability to deliver results and the trust our clients place in us.
Penalties and Consequences of Violating a Restraining Order in Miami
The state takes these orders seriously, with consequences designed to deter further violations and protect those who sought the injunction.
Criminal Consequences for Violating a Restraining Order
Under Florida Statute §741.31, violating a restraining order constitutes a first-degree misdemeanor. If convicted, the penalties may include:
- Up to one year in jail.
- Fines of up to $1,000.
However, the nature of the violation can escalate the severity of the charges. Examples include:
- Repeated violations: Multiple breaches of the order will lead to more stringent sentencing.
- Aggravating factors: Actions such as stalking, harassment, or physical violence can result in felony charges, which carry harsher penalties, including significant prison time and steeper fines.
Collateral Consequences
The penalties extend beyond the courtroom. A conviction for violating a restraining order may result in:
- Loss of gun ownership rights: Federal and state laws prohibit firearm possession for individuals under restraining orders or those convicted of violating one.
- Employment challenges: Many employers conduct background checks, and a violation will raise red flags.
- Housing difficulties: Landlords often review criminal records, which will impact your ability to secure housing.
- Permanent criminal record: A violation stays on your record, potentially influencing future legal proceedings or life opportunities.
How Violations Are Enforced
Florida law allows law enforcement to arrest individuals without a warrant if they believe a restraining order has been violated. The arrest may occur based solely on the petitioner’s report or other evidence, such as messages or calls that breach the order’s terms.
Restraining Order Statistics in Miami
While there is no specific data for restraining orders, we can look at Miami-Dade County’s domestic violence case data as a close proxy:
- 72% of domestic violence victims are female, while 28% are male.
- Victim demographics include:
- 43% Hispanic
- 36% Black/African-American
- 17% White, Non-Hispanic
- 1% Haitian
- Less than 1% Asian or Other
In neighborhoods like Liberty City, Overtown, and Little Havana—where domestic violence reports are particularly high—injunctions serve as the first line of defense for vulnerable individuals.
National Patterns in Restraining Orders
National data provides valuable context:
- In one past year alone, courts issued an estimated 1.7 million domestic violence restraining orders across the United States.
- On any given day that year, 1.2 million restraining orders were active.
- Courts granted approximately 90% of initial civil petitions for restraining orders, though only one-third to two-thirds of those became permanent.
These patterns likely hold true in Miami-Dade County, where courts prioritize immediate protection for petitioners.
How We Will Help
When a restraining order lands in your life, it’s easy to feel like the odds are stacked against you. But a strong defense can change everything.
Whether you’re contesting a restraining order or defending against allegations of a violation, we’re here to guide you every step of the way.
Our Process
As you can see from the data, courts typically favor petitioners when allegations of harm are presented, which is why you need to amount a defense as soon as possible.
When you work with us, we focus on strategies that make a measurable difference:
- Case Analysis: We examine every detail of your situation, including police reports, witness statements, and communications, to identify inconsistencies and procedural errors.
- Discrediting False Allegations: If the restraining order is based on shaky or exaggerated claims, we work to expose the gaps in the petitioner’s story.
- Filing Motions: Whether it’s a motion to dismiss or to modify the injunction, we explore every avenue to minimize the order’s impact on your life.
- Courtroom Advocacy: Restraining order cases often hinge on hearings. We represent you aggressively, presenting a clear, factual narrative to ensure your voice is heard.
Potential Defense Strategies
- Highlighting Procedural Violations:
Legal orders must follow strict procedural rules. If the petitioner failed to adhere to these requirements—such as providing proper notice or filing within the correct jurisdiction—we expose those flaws. Procedural missteps will invalidate a restraining order, giving you a solid defense from the outset. - Presenting Evidence That Disputes the Petitioner’s Narrative:
Every claim the petitioner makes needs evidence to back it up. We meticulously gather and present counterevidence—such as messages, phone records, or witness testimony—that refutes their version of events. This approach may reveal inconsistencies in their story, eroding the credibility of their allegations. - Demonstrating That Alleged Violations Were Accidental or Misunderstood:
Not all alleged violations are intentional. Perhaps you unknowingly entered a restricted area or accidentally initiated contact. We provide context to show that any alleged violation was an honest mistake rather than a willful disregard of the restraining order’s terms. Courts are more lenient when such misunderstandings are clearly explained and backed by evidence. - Questioning the Credibility of the Petitioner or Witnesses:
A restraining order is only as strong as the testimony supporting it. If the petitioner or their witnesses have a history of dishonesty, ulterior motives, or conflicting statements, we shine a light on these issues.
What to Do After Being Served with a Restraining Order
Step 1: Avoid Any Contact with the Petitioner
The first rule of a restraining order is also the most important: do not attempt to contact the petitioner in any way. This includes:
- Phone calls, texts, emails, or social media messages.
- Asking a mutual friend to act as a go-between.
- Being in the same physical location, even unintentionally.
Even if you believe the allegations are false or exaggerated, contacting the petitioner—even to explain your side—violates the terms of the order. Violating the order doesn’t just hurt your case; it creates additional legal consequences, including potential jail time.
Step 2: Preserve Any Evidence That Supports Your Case
Start gathering documentation that supports your version of events. This might include:
- Text messages, emails, or social media posts that disprove the petitioner’s claims.
- Phone logs showing no contact or demonstrating your whereabouts.
- Witness statements from people who can verify your actions or discredit the petitioner’s allegations.
Step 3: Stay Silent—Especially on Social Media
You have a right to remain silent, and that extends to what you post online. Sharing your thoughts or frustrations about the restraining order on social media might feel cathartic, but it gives the other side ammunition. Prosecutors or petitioners’ attorneys willscrutinize social media for posts that can be used against you.
Avoid:
- Posting about the case or petitioner.
- Sharing locations or activities that could appear in conflict with the order.
- Engaging in public arguments or discussions about your case.
Step 4: Consult with Us Immediately
By working with us, you gain a strategic advantage. We will:
- Review the terms of the order to identify weaknesses. This analysis sets the foundation for your defense and determines the most effective approach to challenge the order.
- Not all restraining orders are created equally. Some are overly restrictive, while others are based on false or exaggerated claims. We can:
- File a motion to dismiss the order if it lacks merit.
- Seek to modify the terms to make them less burdensome—for example, adjusting no-contact zones that interfere with work or family obligations.
- Argue procedural missteps, such as filing in the wrong jurisdiction, which could render the order invalid.
- Represent you in court. This includes:
- Cross-examining the petitioner to expose inconsistencies in their testimony.
- Highlighting procedural errors or legal weaknesses in the case against you.
- Ensuring the court understands your side of the story.
Protect Your Future with Stroleny Law, P.A.
Don’t let a restraining order dictate your future. Reach out to criminal defense attorney in Miami at Stroleny Law, P.A. today at (305) 615-1285 for a free consultation.
Let us craft a defense that puts you back in control and gives you the clarity you need to move forward.
