RESTRAINING ORDERS
Restraining Order Defense Attorney
Being served with a restraining order can have immediate and serious consequences. In Florida, restraining orders are legally referred to as injunctions for protection, and they can affect where you live, your ability to contact family members, your employment, and your right to possess firearms and ammunition under certain circumstances.
Whether the injunction involves allegations of domestic violence, repeat violence, dating violence, sexual violence, or stalking, it is important to understand your legal rights before appearing in court. Every case is different, and the outcome may have long-term consequences that extend well beyond the hearing itself.
For more than 30 years, Attorney Ron Baum has represented clients throughout Broward County who are facing restraining orders and injunction proceedings. Every case receives a careful review of the facts, evidence, and applicable law before determining the most appropriate legal strategy.
Understanding Restraining Orders in Florida
In Florida, what many people commonly call a restraining order is legally known as an injunction for protection. An injunction is a civil court order designed to protect an individual who alleges violence, stalking, or another qualifying act under Florida law.
Although injunction proceedings are civil matters, they often have significant consequences. A final injunction may affect child custody, visitation, employment opportunities, housing, and firearm rights. Violating the terms of an injunction may also result in criminal charges.
Florida’s injunction laws are found primarily in Section 741.30, Florida Statutes (Domestic Violence Injunctions).
Florida Statute:
Criminal Defense Practice Areas
Types of Injunctions
Florida courts may issue several different types of injunctions depending on the circumstances.
These include:
- Domestic Violence Injunctions
- Repeat Violence Injunctions
- Dating Violence Injunctions
- Sexual Violence Injunctions
- Stalking and Cyberstalking Injunctions
Each type of injunction has different legal requirements and should be evaluated based on its own facts.
Evidence Matters in Injunction Hearings
Many injunction hearings involve conflicting accounts of what occurred.
Depending on the circumstances, evidence may include:
- Text messages
- Emails
- Social media communications
- Surveillance video
- Photographs
- Phone records
- Witness testimony
Presenting relevant evidence can be an important part of defending against allegations made in an injunction proceeding.
Experienced Restraining Order Defense in Broward County
Attorney Ron Baum has represented individuals involved in restraining order and injunction proceedings throughout Broward County for more than 28 years. He works directly with each client to review the allegations, gather available evidence, prepare for the hearing, and explain the legal options available.
Because a final injunction may have significant personal and legal consequences, it is important to have experienced representation before appearing in court.
What is the difference between a restraining order and an injunction in Florida
In Florida, what many people refer to as a restraining order is legally called an injunction for protection. Although the terms are often used interchangeably, “injunction” is the legal term used by Florida courts. Depending on the circumstances, injunctions may involve allegations of domestic violence, repeat violence, dating violence, sexual violence, or stalking.
What happens at a restraining order hearing?
During an injunction hearing, both parties have an opportunity to present evidence, call witnesses, and testify before a judge. After considering the evidence, the judge will decide whether to dismiss the petition or enter a final injunction. Because the outcome may have long-term legal consequences, it is important to be prepared before the hearing.
Can a restraining order be dismissed?
Yes. Depending on the facts and evidence presented, a judge may deny or dismiss a petition for an injunction. Every case is different, and the outcome depends on the specific circumstances and the evidence presented during the hearing.
What happens if I violate a restraining order?
Violating the terms of an injunction can result in criminal charges, even though the injunction itself is a civil court order. Depending on the circumstances, a violation may lead to arrest, additional criminal penalties, and other legal consequences
Will a restraining order affect my firearm rights?
It may. Depending on the circumstances and the type of injunction entered, a final injunction may affect your ability to possess or purchase firearms and ammunition under Florida and federal law.
Can I contact the person who filed the injunction?
You should carefully follow the terms of any temporary or final injunction. If the order prohibits contact, communicating with the petitioner may result in additional legal consequences, even if the other person initiates the contact. It is important to understand and comply with the court’s order.
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