Restraining Order Attorney in Miami

Guidance You Can Trust When You Need It Most

Navigating a restraining order in Miami often raises questions about your rights, court dates, and what information you need to provide. When you want to protect your safety or respond quickly to a legal filing, our team gives you straightforward answers from the start. We approach every inquiry with respect and confidentiality because your peace of mind matters to us.

When you need immediate legal help with a restraining order in Miami, you want clarity, reliable support, and strong representation. At Law Office of Armando J. Hernandez, P.A., we know these situations can feel urgent and confusing, especially with strict court deadlines in Florida. Our team responds promptly, explains your options, and stands by your side at every stage. We draw on decades of combined legal experience to help people seeking a restraining order for safety or defending against one.

Need immediate defense against a Florida Injunction? Call (305) 400-0074 or reach out online now. We offer bilingual services, free consultations and 24/7 availability.

The Immediate Impact of a Florida Injunction

Florida recognizes five types of Injunctions for Protection, with the most common being the Domestic Violence Injunction (Florida Statutes § 741.30). Regardless of the type, the effect on the respondent (the accused) is devastating and immediate:

Loss of Rights Upon Service

• Forced Eviction: If you share a home with the Petitioner (the person seeking the order), the judge can order your immediate, exclusive removal from the shared residence, even if you own or lease the property.
• No Contact: You are prohibited from all contact with the Petitioner and any minor children named in the Injunction.
• Firearms Surrender: The court will order you to surrender all firearms and ammunition, violating the federal prohibition on gun ownership while a final restraining order is in effect.
• Job Interference: The Injunction may restrict you from going to the Petitioner’s place of employment or school.

The Double Threat: Civil and Criminal Consequences

The final Injunction hearing is a civil proceeding, meaning the burden of proof is low—preponderance of the evidence (more likely than not). However, violating any term of the Injunction is a criminal offense (Misdemeanor of the First Degree, Fla. Stat. § 741.31), which can lead to immediate arrest and new criminal charges.

The Process: From Temporary to Final Injunction

The time between receiving the Temporary Injunction (issued ex parte for up to 15 days) and the Final Hearing is the most critical period. This hearing determines whether the restrictions will become permanent.

1. The Temporary Injunction (Ex Parte)

The Petitioner files a verified (sworn) petition alleging specific acts or threats of violence or imminent danger. A judge reviews this sworn statement alone and can issue the temporary Injunction based solely on those allegations, without hearing any testimony or evidence from the Respondent. Service of this document triggers the restrictions.

2. The Final Evidentiary Hearing

The hearing typically occurs within 15 days of the petition being filed. Both parties, represented by their restraining order attorney in Miami, present testimony, cross-examine witnesses, and offer evidence (texts, photos, videos).

• Petitioner’s Burden: To obtain a Final Injunction (which can be permanent or for a fixed period), the Petitioner must prove, by a preponderance of the evidence, that an act of violence occurred or that they have reasonable cause to believe they are in imminent danger of becoming a victim.
• Defense Goal: Our job is to prove that the Petitioner's claims are insufficient, exaggerated, or false, leading the judge to dissolve the Temporary Injunction and deny the Final Injunction request.

Defense Strategies Employed by a Miami Restraining Order Lawyer

Successfully contesting a Florida Injunction requires a strategic, detailed attack on the Petitioner's testimony and evidence. We use our courtroom experience to expose the weaknesses in their case.

1. Attacking the Credibility of Imminent Danger

Many Injunctions are granted based on a vague feeling of "imminent danger." We challenge this subjective standard by introducing objective evidence:

• Lack of Recent Contact: Showing that there has been no recent communication or confrontation between the parties.
• Petitioner's Intent: Demonstrating that the Petition was filed purely for strategic advantage in a divorce, child custody, or other civil dispute. Florida courts may award fees against a party who knowingly makes a false allegation.
• Communication Records: Presenting text messages, emails, or social media posts that show the Petitioner initiated contact or that the relationship was amicable after the alleged events, directly contradicting their claim of fear.

2. Affirmative Defense of Self-Defense

If an argument or physical confrontation did occur, we present evidence and testimony that your actions were taken in self-defense against the Petitioner, which is a lawful justification for the use of force under Florida law.

3. Challenging the Qualifying Relationship

We review the statute to ensure the relationship actually qualifies for the specific type of Injunction sought (e.g., that they meet the definition of "family or household members" for a Domestic Violence Injunction). If the relationship does not qualify, the Injunction must be dismissed.

Why Choose Our Restraining Order Lawyers in Miami

Effective legal support goes beyond knowledge of Florida statutes. Local experience counts in Miami-Dade courts, where judges weigh serious allegations and unique evidence requirements. 

Our firm regularly works within this legal system and knows how to guide clients through the process. We anticipate the court's expectations, attention to detail, and local deadlines, supporting you with practical insights other firms may not offer.

At Law Office of Armando J. Hernandez, P.A., every client gains the benefit of our full attention and personalized service—advantages you may not get at larger firms. Attorney Armando J. Hernandez leads our team as a former Miami prosecutor with over 20 years of criminal law experience in Florida. That prosecutorial perspective allows us to see challenges from all angles, preparing clients for what to expect at every step. 

Your home and family access are at stake. Contact a dedicated Miami restraining order lawyer at (305) 400-0074 or reach out online immediately to challenge the order—we offer free consultations and 24/7 availability, and we offer bilingual services.