If you’ve been accused of domestic violence, stalking, or intimate violence in Lakeland, FL, the court may issue a restraining order. The potential consequences of a restraining order can impact many aspects of your personal and professional life. You need to take immediate steps to protect your rights, including hiring an experienced criminal defense attorney to fight the allegations against you.
Attorney Thomas C. Grajek has over 25 years of experience defending the rights of individuals in Florida. He has top ratings from clients and peers. As an experienced trial lawyer and defense attorney, Attorney Grajek has received national recognition from top legal organizations, including the National Association of Criminal Defense Lawyers and The National Trial Lawyers Top 100.
Reach out to Thomas C. Grajek, Attorney At Law to schedule a consultation with our Lakeland restraining order lawyer. We are here to help you protect your rights and work toward a favorable outcome. You can contact us online or call (863) 688-4606 today.
How Thomas C. Grajek, Attorney At Law Can Help Defend You Against a Restraining Order in Lakeland, Florida
Challenging an order of protection can be difficult. Law enforcement officers and the courts tend to err on the side of caution. In other words, they believe the victim even when there is very little evidence proving someone committed the alleged abuse. Because of this, it’s more important than ever that you have a strong advocate in your corner.
At Thomas C. Grajek, Attorney At Law, we know how to fight back effectively. When you hire our Lakeland criminal defense attorney, you can trust we will:
- Investigate the allegations against you and the circumstances that led to the petition
- Explain the type of restraining order against you and what that means for your daily life
- Discuss potential defense strategies for fighting the restraining order
- Analyze the evidence the petitioner presents to “prove” you committed the alleged acts
- Diligently pursue all available defenses
- Negotiate for fair terms for a restraining order if that is the best way to resolve the matter
- Aggressively defend you during all court appearances
Call our law offices today to schedule a case evaluation with an experienced restraining order lawyer in Lakeland, Florida. Do not trust the courts to recognize false allegations. You need an attorney to challenge the restraining order and prove your innocence.
What Is a Restraining Order in Florida?
A restraining order, also referred to as an injunction, is a court order prohibiting a person from contacting or being near another person. Protective injunctions are used to protect someone from being the victim of stalking, domestic violence, or sexual violence.
The person seeking the restraining order is the petitioner. The other party is the respondent (i.e., defendant). Petitions for restraining orders must be signed before a notary public or court clerk. Judges may issue temporary restraining orders before holding a hearing or notifying the respondent.
Restraining orders are issued through the civil court. However, violations of a restraining order could result in criminal charges. A conviction for violating a restraining order could result in jail time.
What Are the Different Types of Restraining Orders Issued in Lakeland, FL?
Florida laws provide for five different types of restraining orders. Each restraining order refers to a different type of offense. You could have a restraining order issued against you for:
Domestic Violence Restraining Orders
A domestic violence restraining order is issued when the petitioner and the respondent are related by marriage or blood, share a child together, or live in the same household. The petitioner must show that they are the victim of domestic violence or they have a reasonable belief they are in immediate danger of being the victim of domestic violence.
Restraining orders for domestic violence may allow the petitioner possession of the residence, thereby forcing the respondent to vacate the home. Other terms could include:
- Requirement to attend a Batters’ Intervention Program
- Surrender all firearms and ammunition to law enforcement officials
- Grant the petitioner full custody of minor children on a temporary basis
- Order the respondent to pay alimony and/or child support to the petitioner
The respondent cannot have any contact with the petitioner, including coming to the petitioner’s home, work, or school. Domestic violence restraining orders can significantly impact the outcome of family court matters.
Sexual Violence Restraining Orders
Sexual violence restraining orders can be issued when a respondent is charged with one or more sex crimes. The petitioner and respondent are non-family members. Examples of sex crimes include:
- Luring or enticing a child
- Forcible felonies involving a sexual act
- Sexual battery
- Forcing a child to perform sexual acts
- Lascivious or lewd acts upon a child or in a child’s presence
The court can issue a restraining order when a respondent’s jail or prison term has expired or is expected to expire within 90 days.
The victim or the victim’s parents/guardians may file the petition for a sexual violence restraining order. They must cooperate with law enforcement after reporting the sexual violence.
Repeat Violence Restraining Orders
The court may issue a repeat violence restraining order when the petitioner is the victim of two or more incidents of violence or stalking. The first incident must have occurred within the past six months. The petitioner must testify that they fear repeat violence by the respondent.
Repeat violence includes:
- Aggravated assault
- Battery
- Assault
- Sexual assault
- Stalking
- Kidnapping
- Aggravated battery
- False imprisonment
Repeat violence orders are issued when the parties are not in a dating relationship or family members living in the same home.
Dating Violence Restraining Orders
A dating violence restraining order can be issued when the parties have been in a dating relationship within the past six months. A dating relationship has an expectation of affection and not just a causal relationship.
A petitioner must prove that they are a victim of dating violence and believe they are in immediate danger of becoming a victim again. The court may also issue an order if the petitioner proves they have a reasonable belief they are in immediate danger of becoming a victim of dating violence.
Stalking Restraining Orders
Stalking restraining orders prohibit further harassment or threats by the respondent against the petitioner. The victim or the parents/guardians of a minor may petition the court for a stalking restraining order. The petitioner must prove at least two incidents of cyberstalking or stalking.
The respondent is prohibited from contacting the petitioner by any means of communication. It also prohibits the respondent from following or approaching the petitioner.
What Are the Potential Consequences of a Restraining Order in Lakeland, FL?
In addition to prohibiting the respondent from contacting or coming near the petitioner, a restraining order may include other terms. Having a restraining order against you can also result in collateral consequences such as:
- Restrictions upon child custody and/or visitation
- Having your application to attend a university or college denied
- Being required to surrender firearms and ammunition
- Negative impacts on applications to enter military service
- Denial of or suspension of a professional license
- Challenges finding employment and/or housing
- Negative impact on employment for a law enforcement officer or someone required to carry a firearm as part of their employment
Restraining orders are enforced in all states and U.S. territories. Violating a restraining order can result in severe criminal penalties. You could be charged with a misdemeanor or a felony, depending on the factors involved.
Restraining Orders May Be Issued Without a Hearing in Florida
The court may grant a temporary restraining order without a hearing. An ex parte restraining order is issued without notifying the respondent before the order is issued. A temporary restraining order provides immediate protection for the petitioner. The protection continues until the court holds a full hearing.
If you are served with a temporary restraining order, read the entire order to ensure you understand the terms. You should also receive notice of the hearing date.
Contact a criminal defense attorney immediately to discuss a defense. At the hearing, you can present evidence challenging the restraining order. After hearing evidence from the petitioner and respondent, the judge decides whether to issue a permanent restraining order and the terms for the permanent injunction.
What Defenses Are There in Response to Restraining Orders in Florida?
The circumstances and factors involved in your situation determine the potential defenses to a restraining order. Examples of defenses to restraining orders include:
- The petitioner is not in immediate danger of threat or harm
- Lack of reasonable cause or sufficient evidence to support issuing a restraining order
- Challenge the petitioner’s credibility
- Present evidence proving that the petitioner is making false allegations
- Testimony from witnesses disputing the petitioner’s allegations
A successful defense can result in the temporary restraining order being canceled and your rights restored. Talk with our attorneys today about challenging a restraining order.
Contact Us for a Consultation With a Lakeland Restraining Order Attorney
Our legal team at Thomas C. Grajek, Attorney at Law is dedicated to protecting the rights of our clients. Call our office to schedule a case review with our experienced Lakeland restraining order attorney. Let us help you protect your best interests and freedom.