A restraining order does not wait for a conviction, or even a hearing.
The moment temporary injunction is served, the consequences are real and immediate:
We move quickly to prepare your defense, protect your rights, and make sure your side of the story is heard before the court makes a final decision.
The return hearing is typically scheduled within 15 days of service. This is not a procedural formality. It is a formal evidentiary hearing where both sides may present testimony, witnesses, documents, and other evidence before the court decides whether a final injunction should be entered.
With early preparation and a strong defense, outcomes at the return hearing may include dismissal of the injunction petition, modification of terms involving the home, children, or contact restrictions, expiration of the temporary injunction without a final order being entered, or dissolution of an existing injunction based on changed circumstances. The window to prepare is short. Call the same day you are served.
Florida Restraining Order Defense Attorneys Who Move Before the Hearing
Restraining order cases move fast, involve serious allegations, and can affect your home, family, reputation, and employment within days of service.
Our firm understands that injunction proceedings are often tied to divorce, custody disputes, relationship conflicts, or pending criminal allegations, and that the facts on your side rarely come out on their own.
We immediately begin reviewing the petition, identifying weaknesses in the petitioner’s allegations, gathering evidence, and preparing witnesses so that when you walk into that return hearing, your defense is ready.
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.
Yes. Certain injunctions, particularly domestic violence injunctions, require the immediate surrender of firearms under both Florida law and federal law under 18 U.S.C. 922(g)(8). These restrictions take effect before the return hearing and before any finding has been made against you.
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.
Yes. Any violation of the terms, including unintentional contact, can be treated as a criminal offense. This is why understanding every condition of the injunction from the moment you are served is essential, and why having an attorney involved immediately matters.
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.
