Restraining Order Defense Attorney in Orlando
Defending the Accused for 15+ Years – 407-420-4647
Has your spouse or dating partner sought a restraining order against you? Commonly issued in connection with instances of alleged domestic violence, a restraining order can greatly restrict your rights and potentially prevent you from being able to lawfully enter your home or see your children. At The Wiseman Law Firm, our Orlando restraining order defense lawyer understands the gravity of your situation and is prepared to go the distance to ensure your rights are protected.
Why choose our firm’s world-class advocate? Consider the following:
- Invaluable insight as a former prosecutor
- 15+ years of trial-tested experience
- Available 24 hours a day to discuss your case
- Avvo Clients’ Choice Award recipient
- Aggressive courtroom presence
- Free & confidential initial consultations available
The sooner you contact us, the sooner we can help. Discuss your defense options today.
Fighting a Restraining Order in Florida
When a person in the state of Florida feels that they have been abused, stalked, or harassed, they may petition with the courts for an injunction known as an “order of protection” which can require their alleged abuser to cease certain behavior, such as calling, texting, or coming within a certain proximity the person who requested the order or their family. If the terms of these orders are violated, the offending party can face serious criminal consequences such as jail time, expensive fines, and further sanctions.
If someone is seeking a restraining order against you, you have a right to be notified of the request, to have a court hearing, and to defend yourself. Our firm can represent your interests and provide aggressive advocacy you need to maximize your chances of securing a favorable outcome. In the meantime, however, it is vital you do the following:
- Obey the temporary order: If you are served with a temporary restraining order, be sure to follow all of its terms. Even if you feel that you have a valid defense, violating a temporary order can expose you to criminal penalties and will greatly hinder your chances of overturning the order.
- Get organized: Begin gathering as much evidence as you can related to the incident cited in the petitioner’s request. This can include clothing, photographs, videos, objects, voicemails, text messages, and any other sort of documents that can prove what happened. Likewise, put together a list of any witnesses that may be able to provide testimony to your innocence.
It is not uncommon for individuals to seek restraining orders over unfounded claims as a way to get back at their spouse or as an attempt to gain the upper hand during divorce. We can examine the evidence surrounding your situation and present relevant arguments to refute the claims against you.
Do Not Let a Restraining Order Ruin Your Life
Restraining orders are oftentimes the first step in a much larger legal battle if not handled quickly and appropriately by a skilled violent crimes attorney. At The Wiseman Law Firm, our Orlando restraining order defense lawyer is intimately familiar with the laws surrounding your case and can give you a fighting chance against your accusations. With constant communication and an uncompromising dedication to preserving your best interests, we have what it takes to ensure you are treated with the respect and dignity you deserve. We understand what is at stake, and we are fully prepared to fight on your behalf.
Frequently Asked Questions About Restraining Orders in Orlando
What is the difference between a temporary and a permanent restraining order in Florida?
In Florida, a temporary injunction for protection can be issued by a judge immediately — even without your presence — when a petitioner demonstrates they are in imminent danger. A temporary order lasts up to 15 days, at which point a hearing must be held where both parties can present evidence and argue their position. A permanent injunction can remain in effect indefinitely. If you have been served with a temporary order in Orlando, you must comply with all its terms immediately and contact an attorney before the hearing date, as that window is your best opportunity to prevent the order from becoming permanent.
Can I fight a restraining order if the allegations against me are false?
Yes. You have the right to contest a restraining order at the scheduled hearing and to present evidence challenging the petitioner’s claims. False restraining order petitions are sometimes filed to gain advantage in divorce or custody disputes, to force someone out of a shared home, or out of anger following a breakup. Defenses may include demonstrating inconsistencies in the petitioner’s account, presenting text messages, emails, or social media records that contradict the allegations, and calling witnesses who can speak to the nature of the relationship and the events in question. Attorney Wiseman prepares clients thoroughly for these hearings and applies his years of prosecutorial experience to challenge the petitioner’s credibility and evidence effectively.
What happens if I violate a restraining order in Florida?
Violating a restraining order — even accidentally, such as sending a single text message or being in the same location as the petitioner — is a first-degree misdemeanor in Florida, punishable by up to one year in jail and a $1,000 fine. Repeat violations or violations involving physical contact can escalate to felony charges or separate assault and battery charges. A violation can also be used against you in the underlying injunction proceeding and may significantly damage your credibility before the judge. If you believe you may have inadvertently violated an order, contact The Wiseman Law Firm immediately. Do not contact the petitioner to explain the situation, as any such communication is itself a separate violation.
Does a restraining order in Florida affect my right to own a firearm?
Yes. Under both Florida law and federal law, a final domestic violence injunction typically requires you to surrender any firearms in your possession and prohibits you from purchasing new ones for the duration of the order. This applies even if no criminal charges have been filed against you. If you are a licensed firearms owner, a concealed carry permit holder, or employed in a profession requiring a firearm, a restraining order can have severe collateral effects on your livelihood. These consequences are among the most significant and underestimated impacts of an injunction, and Attorney Wiseman addresses them directly when building a defense strategy in Orange County.
Can a restraining order be modified or removed after it is entered in Florida?
Yes, but the process requires returning to court. Either party may petition to modify or dissolve a final injunction by demonstrating that circumstances have changed — for example, that the underlying dispute has been resolved, the relationship between the parties has changed, or the original basis for the order no longer applies. The petitioner may also voluntarily move to dismiss the injunction. Courts review these petitions carefully and modification is not guaranteed. Attorney Wiseman can assess the grounds for a modification in your specific situation and represent you before an Orlando or Orange County judge.
We proudly offer complimentary case reviews for all who come to us for help. Schedule yours today by visiting our contact page to take the first step towards retaining the advocacy you need.
