Protecting Your Rights & Defending Against Unjust Restraining Orders
In Florida, injunctions and restraining orders are legal tools designed to protect individuals from threats, harassment, or violence. However, these orders can be misused, leading to wrongful restrictions that impact your freedom, reputation, and rights.
At McGuire Megna Attorneys, we represent both petitioners and respondents in injunction cases. Whether you need protection from harm or are fighting false accusations, our experienced legal team is here to guide you through the complex legal process and protect your rights.
If you are dealing with an injunction or restraining order in Florida, call us today for a free consultation.
What Is an Injunction in Florida?
An injunction, commonly known as a restraining order, is a court order that legally prohibits an individual from contacting or being near another person. These orders can limit where you go, who you communicate with, and even your parental rights.
Injunctions are typically sought in cases involving:
✔ Domestic violence
✔ Stalking and cyberstalking
✔ Harassment and threats
✔ Repeat violence
✔ Sexual violence
If an injunction is filed against you, violating it can lead to serious consequences, including arrest and felony charges.
CONTACT US NOW
REQUEST A RISK-FREE CONSULTATION TODAY.
Types of Injunctions & Restraining Orders in Florida
Florida law recognizes several types of injunctions, each designed for different situations. Understanding which injunction applies to your case is crucial for building a strong legal defense.
1. Domestic Violence Injunctions
✔ Who Can File? A person who has experienced physical harm, assault, stalking, or threats from a spouse, ex-partner, family member, or cohabitant.
✔ Restrictions Imposed: No-contact orders, removal from shared home, restrictions on child custody.
✔ Penalties for Violation: Arrest, jail time, loss of firearm rights.
2. Stalking & Cyberstalking Injunctions
✔ Who Can File? A person who has experienced repeated harassment, unwanted communication, or online threats.
✔ Restrictions Imposed: No social media or digital contact, no physical approach, GPS monitoring.
✔ Penalties for Violation: Misdemeanor or felony charges, depending on the severity of the stalking.
3. Repeat Violence Injunctions
✔ Who Can File? Victims of two or more incidents of violence or stalking within six months by someone who is not a family member.
✔ Restrictions Imposed: No contact, workplace and school restrictions, mandatory anger management.
✔ Penalties for Violation: Contempt of court, fines, jail time.
4. Sexual Violence Injunctions
✔ Who Can File? A victim of sexual assault, abuse, or lewd acts, regardless of whether criminal charges were filed.
✔ Restrictions Imposed: No contact, mandatory distance from victim, required offender treatment.
✔ Penalties for Violation: Immediate arrest and felony charges.
5. Dating Violence Injunctions
✔ Who Can File? Someone who was in a romantic relationship within the past six months and has experienced violence or threats.
✔ Restrictions Imposed: No contact, relocation orders, firearm surrender.
✔ Penalties for Violation: Jail time and loss of firearm rights.
What Happens When an Injunction Is Filed Against You?
If someone files an injunction against you, the court will:
✔ Issue a Temporary Restraining Order (TRO) – This may be granted without your presence in court.
✔ Schedule a Full Hearing – You will have the opportunity to defend yourself before a judge.
✔ Decide on a Permanent Injunction – If granted, it could last months, years, or indefinitely.
The Consequences of Having an Injunction Against You
Having a restraining order can seriously affect your life, even if no criminal charges are involved. Consequences may include:
- Loss of Gun Rights – Many injunctions require you to surrender firearms.
- Employment Issues – Background checks may reveal the injunction, affecting job opportunities.
- Child Custody & Visitation Loss – Courts may limit your parental rights.
- Damage to Reputation – Restraining orders are public records and can be accessed by employers and landlords.
- Increased Risk of Arrest – Accidental contact or false accusations can lead to criminal charges.
If you are facing an injunction, it is critical to act fast to protect your rights.
How to Fight a Restraining Order in Florida
If you are wrongfully accused or believe the injunction is unnecessary, you have the right to challenge it. Here’s how:
✔ Gather Evidence: Text messages, emails, witness statements, and surveillance footage can help prove your case.
✔ Challenge False Allegations: Many injunctions are filed during divorce or custody battles with false claims.
✔ Hire an Experienced Attorney: A lawyer can present your side of the story in court and argue for dismissal.
✔ Attend Your Hearing: Failing to show up can result in a permanent injunction against you.
McGuire Megna Attorneys has successfully defended clients against false and unfair restraining orders. Let us help you protect your future.
Contact McGuire Megna Attorneys for Injunction & Restraining Order Defense
If you are facing a restraining order or need to protect yourself from harm, having a skilled attorney on your side is essential. At McGuire Megna Attorneys, we fight to:
✔ Defend against false allegations
✔ Protect your rights and reputation
✔ Ensure fair treatment in court
✔ Help victims secure necessary protection
GET YOUR RISK FREE CONSULTATION NOW
DON'T WAIT. GET THE JUSTICE YOU DESERVE. CONTACT US TODAY.
Frequently Asked Questions
If you are dealing with a restraining order or injunction in Florida, you likely have many questions about how it affects your rights, what restrictions it imposes, and how to challenge or enforce it. Injunctions can have serious legal consequences, including restrictions on movement, loss of firearm rights, and impacts on employment and child custody. Whether you are seeking protection or fighting false accusations, understanding the legal process is essential. Below, we answer some of the most frequently asked questions about Florida injunctions and restraining orders, helping you navigate this complex legal issue. If you need immediate legal assistance, contact McGuire Megna Attorneys today for a free consultation.
Yes. Violating an injunction can result in immediate arrest and jail time.
- Temporary injunctions last 15 days.
- Permanent injunctions can last months, years, or indefinitely.
Yes. Many injunctions require you to surrender firearms, even without a criminal conviction.
Yes. You may file a motion to dismiss or modify the order in court.
The value of your case depends on factors such as the severity of your injuries, medical costs, and impact on your quality of life.
False allegations are common in divorce and custody cases. A lawyer can help expose inconsistencies in the claims.
No. Even if they contact you, responding could violate the order and lead to arrest.
Yes! A lawyer can cross-examine witnesses, present evidence, and fight to protect your rights.
USEFUL LINKS
CONTACT INFO
- 1173 N.E. Cleveland Street Clearwater, FL 33755
- 727-446-7659
- 727-446-0905
- info@mcguirelawoffices.com