Restraining orders are court orders that forbid you from certain actions. It is common for victims of domestic violence to use restraining orders as a legal protective action to help them feel safe from an alleged offender.
A domestic violence victim may file a restraining order for physical abuse, child abuse, emotional abuse, child neglect, or child endangerment. If you have been alleged as causing injuries to someone or threatening them with your actions, you may find that a restraining order has been taken out against you. This temporary injunction will prohibit you from actions.
For example, in a domestic violence case, you would be forbidden from coming within a certain distance of the victim, as well as contacting them. In an aggravated stalking or harassment case, you would be prohibited from contacting the alleged victim through any means of communication.
At Stroleny Law, P.A., we know that facing criminal charges for domestic violence is difficult enough. It’s even worse when restraining orders are involved. This is why you should contact our team to speak with a domestic violence attorney in Miami. We take a client-focused approach to representing you against your temporary restraining order or permanent injunctions.
Let a Miami restraining order lawyer from our legal team give you the personal attention you deserve in protecting your rights while fighting your alleged criminal offenses. Seek legal advice today and contact Stroleny Law, P.A., in Miami Dade County.
Crimes that Can Result in Restraining Orders
A Florida restraining order is typically filed for different acts of violence. Domestic violence cases are the most common, though you may have a restraining order filed against you for other charges. The primary reason restraining orders are granted is to keep the alleged victims safe by preventing violence from occurring or continuing to occur.
In addition to domestic violence with physical injury, restraining orders are generally filed for dating violence, sexual violence, sexual assault, or repeat violence. Often, these restraining orders come from a misunderstanding. When the accused attempts to take legal defense into their own hands for a sexual act or forcible felony rather than contacting a Miami restraining order lawyer, the results of the hearing seldom have a fair outcome.
Contact Stroleny Law, P.A., today to obtain legal counsel to represent you every step of the way through the criminal court system.
What Happens When Restraining Orders Are Filed?
When it comes to restraining orders, a victim can obtain one by filing a petition with the Miami Dade County clerk for a temporary restraining order. This temporary injunction, as it is known, only lasts for 15 days.
To get one that lasts for one year, a judge will need to first listen to the evidence and decide whether or not to allow it. Whether it is a temporary injunction or a permanent injunction, violating a restraining order of any kind can result in serious consequences.
Sometimes, those with restraining orders against them coincidentally wind up in the same place at the same time. Pocket dialing and other unintentional scenarios can also arise that would cause you to inadvertently violate these orders. Don’t attempt to represent yourself in these legal matters. Contact Stroleny Law, P.A., today to have a confidential and free consultation.
Restrictions from Restraining Orders
If you have a criminal offense resulting in a restraining order against you, you will be restricted from being within a specified distance from the victim’s residence, work, or school. Other indicated locations may also be detailed in your restraining order. You will not be permitted to contact the victim by any means, or by contacting family members or children to get in touch with them.
With a restraining order, it also prohibits stalking or any kind of harassing activity. Often during a divorce proceeding, separation, or annulment, spouses return to the shared home to retrieve their personal items. This is only granted within the limited entry allowance provided in this court order. A restraining order attorney can help make sure you do not violate any of the terms set forth in your restraining order.
How Do You Deal with a Restraining Order in Florida?
Restraining orders should be taken seriously, and the best course of action, if you have one against you, is to immediately get a defense lawyer. You will want someone looking out for you during the legal process and giving you solid advice.
Violations of a restraining order can include simply arriving at your home to retrieve personal effects or trying to visit your kids. It can also include calls, emails, or other attempts of contact. Being released after you are charged and then violating the terms of the pretrial release means you will wind up in jail where you will remain until your trial.
With a restraining order against you, you must be very careful about everything you do to avoid a more serious incident. In some cases, the accusations you are facing are false. Our law office will help by taking legal action to have the order withdrawn. Contact Stroleny Law, P.A., to discuss your case today.
How to Challenge Your Restraining Order
Remember, you will face serious trouble if you violate a restraining order. However, you are not without your rights. You need a strong defense against protective orders like these.
In many restraining order cases, charges such as aggravated assault, sexual battery, sexual abuse, false imprisonment, or another lewd or lascivious act are either misconstrued or completely fabricated. You have the right to a hearing where the judge will review your restraining order and decide on making it a permanent injunction or canceling it. It is in your best interest to have legal representation to guide you through the legal process and protect your rights and your future.
What Are the Penalties for Violating a Florida Restraining Order?
Violating your restraining order could result in first-degree misdemeanor charges along with up to $1,000 in fines. However, the circumstances of your violation could mean you wind up with more serious charges. An aggravated stalking charge could land you in Florida state prison for up to 15 years.
At Stroleny Law, P.A., we advise you to take your restraining order seriously and contact our law office immediately. We can help you uphold your rights and defend you against prosecution. Do not face these charges alone and let us stand by your side throughout the process to avoid further complicating your charges or impacting your freedom.
We will defend you against your criminal offense and present evidence to help you clear your good name. Speak with a criminal defense attorney in Miami today about your restraining order.
Stroleny Law, P.A. handles a variety of criminal law cases, so call now if you have any questions.