Miami, Florida Orders of Protection Defense Lawyer

Knowledgeable Attorney Helping Address Restraining Orders in Miami Domestic Violence Cases

In Florida, courts may issue protective orders, also known as restraining orders or injunctions, in cases involving allegations of domestic violence, stalking, or other forms of abuse. These court orders can impose serious restrictions, including prohibiting contact with the alleged victim, requiring the accused to leave their home, and limiting their ability to see their children. Violating a protective order can lead to criminal charges, fines, and even jail time.

If you have been served with an order of protection, it is crucial to understand your legal rights, and you will need to take immediate action to defend against restrictions that could affect your life and your family. At The Hoffman Firm, our attorney provides legal representation for people in Miami who need to challenge protective orders, respond to false allegations of abuse, and defend against accusations of domestic violence or related offenses.

Types of Protective Orders in Florida

There are several different types of restraining orders that may be issued in different situations. These orders may be temporary or permanent, depending on the evidence presented in court.

Domestic Violence Injunction

This type of protective order may be issued when a person is accused of committing or threatening violence against a family or household member. Allegations of domestic violence may be related to disputes with a person's current or former spouse, their children or stepchildren, other people who live in their household, or the other parent of their child.

A judge may issue a temporary injunction without a hearing if the alleged victim demonstrates that there is an immediate threat. A final injunction may be granted after a court hearing, which allows both parties to present evidence.

Dating Violence Injunction

A protective order may be requested when violence or threats occur between people who have had a romantic or intimate relationship within the past six months. Unlike a domestic violence injunction, these orders may be used in situations where people who are dating but have never lived together or had children together.

Stalking Injunction

This type of restraining order is meant to protect people from repeated harassment, unwanted communication, or threats. An injunction may address physical stalking in which a person is accused of following someone, showing up at their home or workplace, or monitoring their movements, as well as cyberstalking, such as sending harassing messages, making threats online, or using social media to intimidate someone.

Sexual Violence Injunction

These protective orders may be in cases involving allegations of sexual assault, lewd acts in the presence of a minor, luring or enticing a child, or any other forcible sexual offense classified as a felony. A person may seek a sexual violence injunction even if no criminal charges have been filed, as long as they reported the alleged incident to law enforcement.

Repeat Violence Injunction

This type of protective order may be issued when someone alleges that they have been the victim of at least two incidents of violence or threats, with at least one occurring within the past six months. Violence may include assault and battery, sexual assault, stalking, or other violent crimes.

Restrictions Imposed by Protective Orders

When a judge issues a protective order, the accused may be subject to several restrictions, including:

• No Contact: A person will be prohibited from calling, texting, emailing, or communicating with the alleged in any way.
• Stay-Away Orders: A person may be required to maintain a certain distance from the alleged victim's home, workplace, or school.
• Eviction From Shared Residence: If the accused lives with the alleged victim, they may be ordered to leave their home.
• Temporary Child Custody and Visitation Restrictions: The court may grant the alleged victim sole custody of a couple's children and limit the accused's visitation rights.
• Firearm Surrender: The accused will be required to surrender any firearms they own, and they will be prohibited from purchasing or possessing weapons.

The duration of these restrictions depends on the type of injunction. Temporary orders typically last 15 days, and they will put restrictions in place until a hearing can be held. Final injunctions issued after a hearing may remain in effect for months or years. Some protective orders can be modified or lifted if circumstances change.

Penalties for Violating a Protective Order

Violating a protective order is a serious criminal offense in Florida. A person who commits this type of violation may be charged with a first-degree misdemeanor, and they could be sentenced to up to one year in jail and/or fined as much as $1,000. Additional criminal charges may apply if the violation involves acts of stalking, harassment, or physical violence. A person could even be charged with a felony if they are accused of committing repeat offenses, using a weapon, or inflicting serious injuries.

Even an unintentional violation, such as responding to a text message from the alleged victim, can lead to legal consequences. At The Hoffman Firm, we can advise you of your rights and make sure you take the correct steps to avoid violations. We will work to defend against allegations of domestic violence and respond to requests for restraining orders. By providing you with representation in hearings and demonstrating that you are not a danger to your family members or others, we can help you avoid restrictions that could affect your life.

Contact Our Miami, FL Protective Order Defense Attorney

In cases involving domestic violence and restraining orders, a skilled attorney can be an invaluable ally. Our Miami domestic violence lawyer will provide the representation you need to address criminal charges and orders of protection, and we will fight to protect your rights. Contact our office at 305-249-0090 to arrange a free consultation.