Can You Challenge A Restraining Order Against You?

A domestic violence injunction, often referred to as a restraining order, can create a number of complications in a person's life. They are relatively easy to initiate: people who believe you pose a threat to them, their family or their children can file an affidavit at their local courthouse. Once the affidavit is approved, the court will issue a temporary restraining order and schedule a hearing for 14 days later to determine if a domestic violence injunction needs to be extended. When a restraining order is initially issued, you are not called to testify or offer your side of the story: the order is simply issued and you are notified. At the hearing scheduled for 14 days later, you can call witnesses and challenge the grounds for maintaining the domestic violence injunction against you. If the restraining order is extended, the consequences can be more far-reaching than people realize.

If a restraining order has been issued against you, don't wait until your hearing to begin the process of challenging the grounds for issuing the injunction. Contact the domestic violence injunction lawyers at Damore, Delgado & Romanik . We have offices in Daytona Beach, DeLand and Altamonte Springs.

Once A Restraining Order Is Issued

Our lawyers counsel and defend people who have had a restraining order issued against them. Once a restraining order is issued, you will be required to do the following in order to comply with the law:

  • Relinquish any firearms you own.
  • If you share a home or apartment with the person protected by the injunction, you must vacate the premises by the date specified.
  • You must avoid all contact with any persons mentioned in the restraining order. This may include relatives, friends or the children of the person who filed the domestic violence injunction.
  • You cannot be within a certain distance of the person or persons named in a restraining order.
  • If someone reports seeing you in the vicinity of the person(s) named in a restraining order, the police can pick you up on suspicion of violating the restraining order.
  • You must comply with any modifications in child custody or visitation the court believes are necessary given the terms of a restraining order.
  • If ordered by the court to pay child or spousal support as part of a divorce settlement, you must continue paying support as specified.

Challenging The Foundations For A Restraining Order

It's not uncommon for an ex-spouse or girlfriend to use a restraining order to gain more control over where and what a person can do during a divorce, break-up or argument. As such, it's important to challenge the basis for requesting a restraining order by telling your side of the story. Our attorneys interview neighbors, witnesses, review medical records and gather other kinds of evidence in telling your side of what happened. If there is no evidence of a threat or domestic violence on your part but plenty of information indicating your ex-spouse or girlfriend has an agenda to force you out of her life, the court may choose to remove a restraining order.

Contact Our Attorneys About Restraining Orders

The consequences of a restraining order can be far-reaching, especially if you are ever convicted of violating one. Don't let a temporary restraining order become permanent — contact the criminal defense law office of Damore, Delgado & Romanik today to learn how we can help you.