Miami Restraining Order Attorney
Defense Attorney for Restraining Orders
Victims of domestic violence whether they have been injured or threatened
with injury and feel unsafe can take legal protective action against the
alleged offender. A restraining order is an injunction, which is a preventative
measure that guards against future injuries. Basically, it requires a
person to refrain from doing a particular act or activity that is contrary
to good conduct. Types of situations where a domestic violence victim
may pursue a restraining order may include instances of
child abuse, physical abuse, sexual abuse, emotional abuse, or child neglect or endangerment.
The Law Office of Michael Mirer, P.A. is experienced in defending clients
in all types of
domestic violence cases, including the various aspects of restraining orders. If you have a restraining
order against you or you have violated a restraining order, you should
obtain legal counsel as soon as possible. The laws in Florida are strict
concerning domestic violence cases and normally the offenders are placed
in custody first, then the facts sorted out later.
Filing for a Restraining Order
A victim can obtain a restraining order by filing a petition for an injunction.
A temporary injunction lasts for 15 days. To obtain a general injunction
that lasts for 1 year, a judge will listen to the evidence and decide
whether to grant it to the victim. If you have a restraining order against
you and you violate it, you could be in serious trouble. Law enforcement
will arrest an offender who violates a restraining order. The Sheriff's
Department urges victims to call 911 if they are in a life-threatening
situation. The Department also advised victims to have a copy of the restraining
order in their possession at all times.
Restrictions Imposed By Restraining Orders
Restraining orders restrict the offender from being within a designated
distance from the victim's home, work, school, or other indicated
locations. The accused cannot contact the victim by phone or through the
mail. The restrictions extend to contacting family members or children
of the victim. The order also prohibits stalking or engaging in any kind
of activity that might harass the victim. A person in the middle of a
divorce proceeding, annulment or separation may return to his/her residence
to retrieve personal effects, but only within the limited entry allowance
indicated in the restraining order.
Penalties for Violating a Restraining Order
If you were
falsely accused and ended up with a restraining order against you, you need the assistance
of an experienced Miami domestic violence attorney. You have the right
to challenge a restraining order or the accusations of a restraining order
violation. A violation can mean charges of a 1st degree misdemeanor and
up to $1,000 in fines. Depending on the circumstances of the violation,
for instance a more serious incident of aggravated stalking can increase
a sentence of up to 15 years in state prison.
Know Your Rights in Miami-Dade
You need to seek legal advice as soon as you have a restraining order filed
against you. Your attorney can represent you during your domestic violence
case and offer a strong defense on your behalf against the prosecution.
A defense lawyer can help you through the legal process, and protect your
rights at every step in the criminal court system. Mr. Mirer is a
former prosecutor and understands both sides of the legal process. We work hard for our
clients with the goal to help them achieve the best possible case outcome.
The Law Office of Michael Mirer, P.A. is ready to help you defend against
a restraining order.
Call today for a free consultation!