Restraining Order Attorney

Yes. A temporary injunction is issued based solely on the petitioner’s allegations before you have any opportunity to respond. The return hearing, typically scheduled within 15 days, is your chance to present evidence, testimony, and your side of the story before the court decides whether a final injunction should be entered.

Both parties appear before a judge in Broward County Circuit Court. The petitioner presents evidence and testimony supporting the injunction request, and you have the opportunity to challenge the allegations, present witnesses, and submit evidence in your defense. The judge then decides whether to dismiss the petition, modify the terms, or enter a final injunction.

Injunction petitions are sometimes filed strategically alongside divorce or custody proceedings. Allegations raised in an injunction case can affect parental rights, timesharing, and other family court matters, which is why it is critical to approach both cases with a consistent and coordinated legal strategy.

A first violation of a domestic violence injunction under Florida Statute 741.31 is a first-degree misdemeanor carrying up to one year in jail and a $1,000 fine. A third violation is a third-degree felony punishable by up to five years in prison. Violations of other injunction types carry similar penalties under Florida Statute 784.047.

Yes. Depending on the circumstances, a final injunction may be modified, dissolved, challenged on appeal, or voluntarily dismissed. Available options depend on the facts of the case and whether circumstances have changed since the injunction was entered.

The return hearing is your opportunity to challenge the petitioner’s account with your own evidence, testimony, and witnesses. Courts consider both sides at the hearing, and a well-prepared defense can result in dismissal of the petition or significant modification of the terms sought.