3 things to know before agreeing to a restraining order

In Florida, even the perceived threat of physical violence may enough for a judge to issue a temporary restraining order against you. If this happens, you may have to attend an injunction hearing during which the judge will evaluate the charges.

Unfortunately, misrepresentative, exaggerated or false accusations of domestic violence are all too common. Attending your injunction hearing is an important opportunity for you to present opposing evidence in your defense.

While accepting a restraining order may seem simpler than facing a legal battle, a domestic violence injunction is a serious matter that may impact your life for years to come, even if you do not ultimately face criminal charges.

1.Injunctions are public

If a judge orders an injunction, the restraining order and the allegations against you may become part of your permanent public record. In addition to posing a barrier to housing and employment, an injunction may threaten your immigration status and your right to possess firearms.

2. Violating a restraining order is a criminal offense

Once an order is in effect, any violation of its specific limitations, intentional or unintentional, may result in criminal charges and a misdemeanor conviction. Potential penalties include a substantial fine and up to one year of imprisonment or probation.

3. A temporary injunction may become permanent

If your hearing results in a permanent injunction, the restraining order may last for several years or even indefinitely if not challenged. If the judge does set an end date, the individual who requested the injunction may petition the court to extend it at any time before the current order is set to expire.

FindLaw Network
Share This