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KNOWLEDGE. EXPERIENCE. RESULTS. Restraining Orders Put Over 20 Years of Experience to Work for You

Miami Restraining Order Lawyer

Fighting Restraining Orders in Florida

A restraining order is a court order that prohibits certain actions on the part of an individual named in the order. 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. Most often, a restraining order will prohibit the individual named in the order from coming within a certain distance of a victim of domestic violence, stalking or harassment or will prohibit the individual from contacting the victim in any way whatsoever. 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.

How Our Miami Restraining Order Lawyers Can Help 

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.

Contact our restraining order lawyer in Miami today to discuss your case!

How Do I Deal with a Restraining Order?

The first step is to get an attorney immediately. If you violate the order, you can expect to be taken into custody immediately. A violation can include calling, emailing, arriving at your home to pick up your personal possessions or trying to see your children. If you are released after being charged and are out on bail or have been released on your own recognizance, and then violate the terms of your pretrial release (including an order of protection), you will be held in jail until your trial takes place.

You are required under law to refrain from any contact of any type with the alleged victim. The first step in any legal matter involving a restraining order is to be extremely careful about your actions, and if the accusations are false, we can take legal action to have the restraining order withdrawn. Do not contact the person making the accusations against you.

Filing a Restraining Order in Florida

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.

Challenging a Florida Restraining Order

In Florida, after you are served a restraining order you have the right to challenge the allegations that have been brought against you. Perhaps you were accused of assaulting your spouse or an ex-girlfriend in some way. You may have been accused of stalking or harassment.

Whatever the particular case, you do have the right to a hearing, wherein a judge will review the restraining order and will make a determination as to whether to make it more permanent or to cancel it entirely. Although you do not have to retain legal counsel for this hearing, having a lawyer at your side will most likely be extremely beneficial.

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.

​​Penalties for Violating a Restraining Order in Florida

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!

Our Testimonials

Hear From Our Clients

  • "You're very sincere, professional, empathetic, and compassionate."
    Thank you, Michael for all your help during the different cases that you handle for us. You're very sincere, professional, empathetic, and compassionate. Since day one, you exude confidence and trust, and you didn't let us down. Always you found the way to
    - Former Client
  • "They assured me they could get my case resolved and squashed... in less than a week it was done."
    They assured me they could get my case resolved and squashed... in less than a week it was done.
    - Former Client
  • "Michael was honest and straight forward with me. Michael kept me out of jail and I avoided a conviction."
    I was arrested for aggravated battery and I did not know which way to turn. I contacted Michael Mirer when I found him online. Michael was honest and straight forward with me. Michael kept me out of jail and I avoided a conviction. Thank you Michael!!! I w
    - Former Client
  • "After over a year of rather complex negotiations by Mr. Mirer with various legal authorities, I returned home to the USA as a free man."
    I say that without exaggeration. I've been on the run as a fugitive for the past 13 years...but finally, the run is over. I had been living 6,000 miles away from the USA, but wanted to come back home. I knew I would need nothing less than the absolute best
    - Former Client
  • "I felt comfortable and confident by his ability and his upfront attitude."
    Mr. Mirer and his staff handled my case with the utmost professionalism. They remain down to earth, friendly, compassionate. I felt comfortable and confident by his ability and his upfront attitude. He made my fears disappear and helped to assure my freedo
    - Former Client
  • "Michael Mirer helped me get through the worst ordeal of my life and for that I will always be grateful."
    Best Attorney out there hands down. It's been over ten years since I found myself in the worst predicament of my life. Michael Mirer helped me get through the worst ordeal of my life and for that I will always be grateful.
    - Former Client
Law Office of Michael Mirer, P.A.

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