Fort Lauderdale Order of Protection Defense Lawyer

Attorney Assisting With Restraining Orders and Injunctions in Fort Lauderdale

When a person is accused of domestic violence or another criminal offense involving threats or harassment, they may face more than just criminal charges. They may also become the subject of an order of protection, which is commonly referred to as a restraining order or injunction. In Florida, courts can issue various types of protective orders that are meant to restrict contact between the accused and the alleged victim and prevent violence from occurring. These orders can take effect quickly, and they can impose serious limitations on a person's freedom.

At The Hoffman Firm, our attorney defends people in Fort Lauderdale who are facing protective orders and related criminal accusations. We understand the complexity of these cases, and our lawyer provides strategic legal guidance to help clients challenge restraining orders, protect their rights, and defend against criminal charges. With a firm understanding of Florida's injunction laws, our attorney can take immediate action to safeguard a person's rights and help them avoid ongoing restrictions or penalties.

What Is an Order of Protection?

When there are credible allegations that a person has engaged in threatening or violent behavior, a civil court order may be issued to prevent further contact between the parties involved and limit the potential for harm. In most cases, orders of protection are issued following allegations of violence, threats, or harassment. The person requesting the injunction is called the petitioner, while the person being accused and subject to restrictions is the respondent.

Restraining orders may be handled separately from criminal cases. A person may be subject to both criminal charges and a civil injunction simultaneously. Protective orders in Florida can impose serious and immediate restrictions, including:

• Prohibiting all contact with the petitioner, including in person, by phone, through electronic messages, or through messages sent through other parties
• Requiring the respondent to leave a shared residence
• Restricting the respondent from communicating with their children or other family members
• Prohibiting the respondent from possessing firearms
• Requiring the respondent to participate in counseling or intervention programs

Types of Protective Injunctions

Florida law allows for several types of civil injunctions that may apply in different situations. These include:

Domestic Violence Injunction

This type of injunction is available to those who claim to be victims of domestic violence or who have reason to fear that domestic violence is imminent. The restrictions in these injunctions may apply to family or household members, including:

• Spouses and ex-spouses
• Co-parents
• Relatives by blood or marriage
• People who live together or have previously lived together

The petitioner does not need to prove that violence has already occurred. They will only need to show that there is reasonable cause to believe that violence may happen.

Dating Violence Injunction

This type of injunction may be used in situations where the petitioner and respondent have been in a romantic or intimate relationship within the past six months. It may be sought when someone alleges that they have been the victim of violence or credible threats by a person they have dated.

Sexual Violence Injunction

This type of injunction may be obtained regardless of the relationship between the parties if the petitioner alleges they were a victim of:

• Sexual battery
• Lewd or lascivious acts against a minor
• Luring or enticing a child
• Forcible felonies involving sexual acts

In some cases, the petitioner must first report the incident to law enforcement or cooperate with an active investigation before seeking an injunction.

Stalking Injunction

This type of order may be issued when someone claims to be the victim of stalking or cyberstalking. Unlike domestic violence or dating violence injunctions, no prior relationship is required between the parties. Allegations of repeated harassment, surveillance, or threatening messages may support a stalking injunction.

Penalties for Violating an Injunction

Violating any term of a protective order—intentionally or unintentionally—can result in criminal prosecution. A violation of a domestic violence injunction is a first-degree misdemeanor that could lead to a sentence of up to one year in jail and other penalties. Violations may also result in the extension of a restraining order or more severe restrictions.

Some common violations include calling or texting the petitioner, visiting a child's school or daycare without permission, or showing up at a place where the petitioner is present, such as their workplace. Even if the petitioner initiates contact, the respondent can still be arrested and prosecuted if the protective order is in place.

Defending Against Protective Orders

At The Hoffman Firm, our attorney can provide representation at injunction hearings and related legal proceedings. Unlike criminal trials, these hearings involve lower standards of proof, and there may be limited time to prepare, since a person may have only a few days' notice before being required to appear in court. It is essential to respond quickly and thoroughly. Our lawyer can help a person challenge the accusations against them and demonstrate that restrictions are not necessary.

Contact Our Fort Lauderdale, Florida Restraining Order Defense Attorney

If you have been served with an injunction, or if you have been charged with violating a protective order, it is important to act quickly to address the accusations. Restraining orders can impose severe restrictions on your life, and they could have long-term consequences that could affect your family relationships and your freedom. At The Hoffman Firm, our attorney can help you respond to the allegations, defend against an injunction, and address any related criminal charges. Contact our Fort Lauderdale protective order defense lawyer at 954-524-4474 to arrange a free consultation.