Conflicts in intimate relationships happen all the time. When emotions run high, it is easy to see why a minor disagreement could get out of hand and result in a misunderstanding. One such misunderstanding is filing a restraining order against a significant other. Whether done out of miscommunication, a misunderstanding, or an emotional response, it can and sometimes does happen.
If you have been wrongly accused of domestic violence and someone has filed a restraining order against you, it is important for you to respond appropriately to protect your rights. Today, we discuss the steps we recommend taking in the event you find yourself in such a situation.
The Steps to Take After Receiving a Restraining Order
If there is a restraining order out against you, you will need to follow the order and figure out how to respond. Here are some helpful tips on what to do next:
Hire an Attorney
A domestic violence defense attorney will advocate for you in the event you have been arrested for abuse and someone has filed a restraining order against you. Additionally, if a false accusation of domestic violence has occurred, an attorney can help protect you and clear your name. Temporary restraining orders can happen quickly and are usually followed by a hearing to establish a permanent order. It is advisable to seek legal counsel before you find yourself in over your head.
Your attorney will prepare you for the hearing that will determine if a permanent restraining order will be put into place. It is important to understand your rights and how to best protect yourself at this point. Therefore, it is advisable to seek out a lawyer you can trust who has a thorough understanding of Florida laws regarding restraining orders.
Read the Temporary Restraining Order Carefully
You do not want to misread a temporary restraining order as you could face consequences such as jail time if you fail to comply with its terms. Even if you feel you have a valid defense, you should follow this order carefully.
Understand the Law
While you can hire a lawyer, it would be beneficial for you to also understand Florida law concerning restraining orders. You would not want to accidentally violate your restraining order because you did not read up on your state regulations. Violating this order could result in a criminal charge, which might also sway the court to grant a permanent order.
Gather Evidence for Your Hearing
When facing a petition for a restraining order, it is important to gather evidence to help with your defense. If your significant other made false accusations about a particular domestic violence incident and your lawyer can prove that this event did not happen or you were not there, then you are in luck.
This evidence might consist of any physical items relating to the incident or event that happened. It could also consist of any documentation, such as emails, text messages, phone calls, letters, GPS records, and other items that would show where you were at the time of an incident. You might also want to include a list of witnesses. A witness can testify that you were somewhere else when the alleged incident occurred.
Additionally, if the petitioner has accused you of constantly calling him/her and your phone records show something entirely different, you can disprove the charges against you.
Consult with an Experienced Lawyer from Our Firm
Has someone filed a restraining order against you? If so, it would give you much needed peace of mind to consult with a seasoned lawyer before determining your next steps. At Tinny, Meyer & Piccarreto, P.A., we are dedicated to protecting our clients’ rights. With over 35 years of combined experience, our team of criminal and family lawyers are committed to doing our best to pursue the best possible outcome for you.