Florida judges often issue restraining orders—also known as injunctions or “No Contact Orders”—in criminal cases that involve a violent offense. These legal orders are typically initiated after an alleged victim states they are fearful of the defendant. It’s also important to note that, depending on the specific circumstances surrounding your case, a restraining order may still be put into effect even if the alleged victim has openly pleaded for there not to be one.
Understanding Restraining Orders
Restraining orders in Florida typically prohibit any direct or indirect contact between parties as a way of keeping victims safe from harm. These orders legally forbid a person from having any form of contact with another person, including:
- Face-to-face visits
- Phone calls
- Social media interactions
- Text messaging
- Other means of communication
Therefore, once someone files a restraining order against you, you will not be allowed to contact them in any way. If there is anything you need to discuss with the protected person, you will have to go through a third party, such as your lawyer.
How Will a Florida Restraining Order Affect Your Life?
If the restraining order goes on your criminal record, it most likely will not affect your current job or future employment opportunities. Minor issues, like injunctions, do not usually show up unless the employer conducts a more detailed search.
Most employers only run background checks to look for more serious crimes unless you are applying for a position that would require you to gain security clearance or carry a firearm. If you have a criminal restraining order against you, you will lose your right to possess, transport, purchase, or trade firearms.
Many Florida restraining orders require the defendant to vacate the residence they share with an alleged victim. If this is true in your case, you must move out immediately, bringing only the essentials with you, at least until your hearing.
Restraining orders are not criminal charges by themselves, but the person who requested the order may also file criminal charges against you, such as for crimes of domestic violence. However, should you violate the terms of a restraining order, whether purposely or accidentally, you could face criminal charges and penalties such as:
- Revocation of your bond
- An additional charge for violating your pretrial release conditions
When the courts choose which penalties you will face for violating a restraining order, they will consider whether the alleged victim requested or initiated the communication. Defendants who have restraining orders in place also typically face more complex criminal proceedings and consequences.
Work with a Florida Criminal Defense Attorney to Challenge Your Restraining Order
With over 30 years of experience defending Floridians accused of various offenses, Criminal Defense Attorney Brian P. Gabriel has knowledge of the requirements for a Florida judge to issue or not issue a restraining order.
Criminal Defense Attorney Brian P. Gabriel will handle your restraining order case using all the knowledge and skill developed over the span of his 30 plus year career. Start with a free consultation today by calling Criminal Defense Attorney Brian P. Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.