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How do you stop a restraining order?

On Behalf of | May 18, 2020 | criminal defense |

If somebody close to you requests an injunction — the legal term for a restraining order in Florida — you would probably have two main concerns. These would be defending yourself against the criminal charges and opposing the civil injunction action. 

Although these two concerns are related, the procedures you would need to follow are separate. You would need to manage both issues efficiently for the best possible outcome. 

What counts as domestic violence? 

As explained by the Florida Bar Association, there are many different types of offenses that could count as domestic violence. As you might expect, battery — inflicting physical injury upon someone — is one example. Other possible types of domestic violence that could lead to a civil injunction include: 

  • Stalking or aggravated stalking 
  • False imprisonment 
  • Assault and sexual assault 

Each of these categories of crime includes a wide range of behavior. For example, you might face accusations of various types of assault for various types of alleged threats. There is a large difference, legally speaking, between allegedly brandishing a firearm at your loved ones and allegedly making generic comments implying the intent to inflict harm. 

How do you defend against domestic violence charges? 

As mentioned above, handling your domestic violence charges and any resulting in junctions would require a two-pronged approach. Each of these issues have different schedules, different tasks you need to complete and different appearances you may want or need to make in court. The best way to approach these types of matters is often to identify all of the requirements of each defense and plan out a systematic strategy that addresses everything. 

Preserving your record in the face of unwarranted accusations could strengthen various future legal positions, especially in terms of divorce. Make sure you are prepared to navigate the civil and criminal procedures necessary to clear your name — and that you are prepared to do so in a timely manner.