Can You Fight a Restraining Order in Florida?

 Posted on March 16, 2026 in Criminal Defense

A restraining order can turn your life upside down overnight. It can remove you from your home, cut off contact with your children, affect your job, and follow you on background checks for years. What you may not realize is that you have the right to fight it.

A temporary order is not the final word, and having the right attorney at your hearing can make all the difference. If someone filed a restraining order against you in 2026, a Fort Lauderdale, FL criminal defense lawyer can help you understand your options and build a strong case to protect your rights.

What Types of Restraining Orders Exist in Florida?

Florida law provides several types of injunctions for protection. The two most common are domestic violence injunctions under Florida Statute § 741.30 and repeat violence injunctions under Florida Statute § 784.046.

A domestic violence injunction can be filed by a family or household member who claims to be a victim of domestic violence or believes they are in immediate danger. A repeat violence injunction applies when there have been two or more incidents of violence or stalking, with at least one occurring within the past six months.

Understanding which type of injunction has been filed against you matters because the legal standards and procedures are different for each.

How Does the Restraining Order Process Work in Florida?

When someone files for a restraining order against you in Florida, a judge reviews the petition without you present. The judge then decides whether to issue a temporary injunction. This is called an ex parte order. It means you have no chance to tell your side of the story at that stage.

A full hearing is then scheduled, typically within 15 days. This is your opportunity to appear in court, present evidence, call witnesses, and challenge the petitioner's claims. The judge will then decide whether to issue a final injunction. Missing this hearing or showing up unprepared can result in a final injunction being entered against you by default.

What Are the Consequences of a Final Restraining Order in Florida?

The impact of a final restraining order goes well beyond the restrictions it places on your daily life. A permanent injunction can have serious consequences, including:

• Possible loss of the right to own or possess firearms under both Florida and federal law

• Appearance on background checks, which can affect employment, professional licenses, and housing applications

• Disruption to custody arrangements and visitation if you share children with the petitioner

• Criminal charges if any term of the order is violated, even unintentionally

Understanding the full weight of what's at stake is one of the most important reasons to come prepared. That means hiring an experienced attorney who will fight to protect your rights.

Can You Challenge the Evidence in a Restraining Order Hearing?

You can absolutely challenge the evidence in a restraining order hearing. This is often where a defense is won or lost. The petitioner must present evidence showing that an injunction is legally justified, such as demonstrating reasonable cause to believe they are in danger of domestic violence. An attorney can challenge whether the alleged incidents actually happened, whether the petitioner's fear is reasonable, and whether the evidence holds up under scrutiny.

Common defense strategies include:

• Presenting witnesses who contradict the petitioner's account

• Introducing text messages or other documented interactions that tell a different story

• Demonstrating that the petition was filed for improper reasons, such as gaining leverage in a divorce or custody dispute

• Challenging whether the petitioner's fear meets the legal standard required for an injunction

These hearings move quickly. Having an attorney prepared and ready to fight for you can make a significant difference in the outcome.

What Can You Do if a Final Restraining Order Has Been Issued Against You in Florida?

If a final injunction has already been entered against you, all hope is not lost. Florida law allows you to file a motion to modify or dissolve a restraining order if circumstances have changed. It can also be challenged if the original order was entered on insufficient grounds.

This requires going back before a judge and making a legal argument for why the order should be changed or removed entirely. An attorney can review the record, identify grounds for a modification or dissolution, and represent you through that process.

Schedule a Free Consultation With Our Broward County, FL Criminal Defense Attorney

At The Hoffman Firm, we combine experienced, aggressive legal representation with genuine compassion for every client we serve. We understand that your situation is unique, and we provide personalized service from start to finish. We will even travel to you so that getting help is as easy as possible.

Contact our Fort Lauderdale, FL restraining order defense lawyer today by calling 954-524-4474 to get started. We're available 24/7.

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