Do I Need to Hire an Attorney if Someone Has Requested a Restraining Order Against Me?

 Posted on October 10, 2026 in Criminal Defense

A restraining order case in Florida is a civil matter, so you aren't required to have an attorney. You're allowed to respond to the petition and speak for yourself at the hearing. But a final order can limit things like where you live, whether you can possess a gun, and how often you see your children. Because of this, many people choose to have a lawyer represent them.

If someone has filed for a restraining order against you in 2026, a Fort Lauderdale, FL restraining order defense lawyer can explain what you're facing and help you prepare.

Will the Court Give Me a Public Defender for a Restraining Order Hearing in Florida?

In most cases, the court won't appoint a lawyer for you. Public defenders usually represent people in criminal cases, so if you are charged with a crime in conjunction with your restraining order, you may be appointed a lawyer for that case. If you want a lawyer at your injunction hearing, though, you'll need to hire one yourself.

When considering whether you'd like an attorney at your injunction hearing, remember that the person who filed the petition may have legal help of their own. Some petitioners hire private attorneys. Others work with victim advocates who help them prepare their case.

What Happens After Someone Files for a Restraining Order Against You in Florida?

What happens after a restraining order is filed depends on what kind of order is issued. A judge can issue a temporary injunction the same day the petition is filed, without hearing from you first. Under Florida Statutes Section 741.30, a temporary injunction for domestic violence lasts no more than 15 days. The court then sets a full hearing where both sides get to testify, call witnesses, and present evidence. At this hearing, the judge will decide whether to issue a "final injunction," or long-term restraining order.

Either side may ask for a continuance for good cause. If it is granted, the temporary order generally stays in effect until the new hearing date.

How Can a Florida Restraining Order Affect Your Life?

A final injunction can last for a set time or have no end date. Depending on the case, the court may order you to:

• Move out of a home if you share it with the petitioner.
• Stay away from the petitioner's home, work, or school.
• Have no contact with the petitioner, including texts, calls, social media messages, or communicating through mutual friends.
• Follow a temporary parenting plan that gives the petitioner all time-sharing with your children.
• Turn over any guns and ammunition in your possession or control.

A final injunction can also appear in background checks for jobs, professional licenses, and housing applications.

Can a Restraining Order Hearing Affect a Criminal Case in Florida?

Restraining order petitions often come with a related criminal charge, like domestic battery or stalking. Anything you say at the injunction hearing is recorded and may be used in a criminal case. Having your own lawyer can help you prepare for what to say (or not say) in court to help your criminal charges case.

How Can an Attorney Help You Fight a Restraining Order in Florida?

An attorney can help you fight a request for a final injunction. During the hearing, they can cross-examine the petitioner, question witnesses, and object to improper evidence. They can also help you collect and organize evidence that may challenge the claims made against you.

In some cases, the parties may be able to reach an agreement outside of court. Depending on the circumstances, this could lead to the petition being dismissed. An attorney can review your options, explain the possible risks, and help you decide how to proceed.

Call a Broward County, FL Restraining Order Defense Lawyer Today

If you've been served with a temporary injunction, your hearing is likely only days away. Talking to someone before that date gives you time to gather evidence and plan what to say.

Our Fort Lauderdale, FL criminal defense attorney is available 24/7 and brings experienced, aggressive representation to every case. At The Hoffman Firm, we treat clients with compassion and give each case personalized attention. We'll travel to you if needed.

Call us at 954-524-4474 today for a free consultation.