How to Challenge a Restraining Order in Florida

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A restraining order might have disastrous consequences. Losing contact with your family and being required by law to spend time apart from them is unpleasant and might dampen your holiday spirit. However, it can be comforting to know that you can challenge a restraining order and reclaim your family.

Restraining orders are frequently filed frivolously, with little to no evidence of violence or danger, even though they are occasionally required to safeguard family members. Abuse of restraining orders can occur for a number of reasons, but it usually takes place prior to or during divorce proceedings

A spouse may apply for a temporary or emergency injunction to punish or exert legal pressure over their spouse during or before filing for divorce. This frequently results in the accusing party getting sole custody of the children and pets, as well as exclusive access to the family home and any shared possessions inside of it, until the allegations are dropped in court. For the accused, this may include staying away from home and family while waiting weeks or months for their day in court.

Fighting A Restraining Order In Florida

The regulations governing injunctions must be understood and followed before contesting a restraining order. Restraining orders, sometimes referred to as injunctions or orders of protection, begin as interim orders that in Florida have a maximum duration of 15 days. If no lawyer asks for a continuance, the court will establish a date for your hearing within that 15-day window. This implies that you will most likely have a week to get legal representation and get ready for the hearing.

Even if you believe you have a strong defense, it is crucial to abide by a temporary injunction and speak with a lawyer to prepare for your case. You run the danger of having your lawsuit dismissed if you ignore the temporary restraining order.

There are a few things you should do while still adhering to the directive:

Collect any proof that may be pertinent to the events described in the petition. Videos, pictures, messages, emails, phone or computer records, and tangible objects might all fall under this category. Any documentation of your whereabouts at the time of the incident is also useful. Make a list of anyone who might be able to testify. Include anyone who might be able to provide insight into the petitioner or the occurrence. Obtain each person's contact details from the list.

Take caution not to breach the terms of the restraining order by contacting the petitioner in any way, including by phone or email, while gathering evidence and potential witnesses.

If you share a household with children, avoid contacting the kids directly or by having a relative drop by their school. If you do, there's a chance the petitioner will use it against you at the hearing. Your lawyer will be able to build the strongest case for you during your hearing with the help of all the information and contacts you gather.

Appealing A Restraining Order In Florida

It is more challenging to challenge after the initial hearing and after the petitioner has been given a permanent restraining order. Even though restraining orders can be appealed, this rarely results in the removal of the restrictions.

Evidence that was not offered during the initial hearing is not admissible during an appeal of an order of protection. This implies that if new information surfaces, your counsel will be unable to use it to support your appeal. However, if you believe that you were treated unfairly during the original hearing, you should consider appealing.

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