How to Fight a Restraining Order in Fort Lauderdale
In Florida, victims of domestic violence may be able to obtain an injunction, more commonly referred to as a restraining order, to protect them from their abuser. Restraining orders include specific terms that you must comply with if one is obtained against you. This includes avoiding contact with the alleged victim, even if this means moving out of the home you share with them. You may also be prohibited from seeing your children.
A restraining order can be very disruptive to your life but still, it is critical that you comply with the terms within one to avoid serious penalties. It is possible to fight a restraining order so you can protect yourself from further accusations and get back to your normal life.
The Temporary Ex Parte Injunction
In order to obtain an injunction, victims must follow certain steps. The first is to file a petition with the clerk of the circuit court. There are certain documents that must be submitted with the petition. These include:
- The contact information of the alleged offender
- A list of court cases involving the alleged offender and victim
- The relationship between the alleged offender and victim
- A description of the alleged domestic violence
After the victim has submitted the forms and documents to the court, a judge will review them immediately. If the judge deems there is a threat to the victim or their family, they will issue a temporary ex parte injunction. This is essentially a temporary restraining order that will be in effect for 15 days. This injunction does not take effect until it has been served to you. The order will contain the terms of the order, as well as a date for the final hearing.
The Final Hearing for an Injunction
Attending the final hearing for the injunction is your only chance to fight it. It is critical to have legal representation during this hearing so you can obtain the best possible outcome.
You and the alleged victim will both be present during this hearing. The victim will tell the judge their side of the story. The burden of proof is on them to establish that a permanent injunction is necessary because they or their family are in immediate danger. You will then have the opportunity to present your case and show that no domestic violence occurred. When presenting your case, strong evidence is necessary and can include:
- Your testimony, as well as that of eyewitnesses or character witnesses
- Expert witness testimony
- Physical evidence, such as scratches or other injuries that show you were acting in self-defense
- Documents proving the allegations are false, such as emails, texts messages, and letters
After hearing from both sides, the judge will give each careful consideration before making their final decision. The judge may decide not to make the ex parte injunction permanent if they believe your side of the story. If they believe the alleged victim, they may issue a final injunction indefinitely or with an expiration date. If there is no expiration date, either side can ask the court to dissolve or change the terms at any time.
Call Our Domestic Violence Lawyers in Fort Lauderdale for Strong Representation
If you have had a restraining order issued against you, our Fort Lauderdale domestic violence lawyers at Haber Blank, LLP, can provide the strong legal representation you need. Call us today or fill out our online form to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html
