Restraining Order Defense Attorney in Brandon
A restraining order or injunction for protection can upend your life — restricting where you can go, removing you from your home, and affecting custody and employment. Curry Law Group defends Brandon residents against wrongful injunctions and restraining orders.
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Types of Restraining Orders in Florida
Florida issues several types of injunctions for protection: domestic violence injunctions, repeat violence injunctions, sexual violence injunctions, dating violence injunctions, and stalking injunctions. Each has specific legal requirements. An injunction can order you to vacate your home, surrender firearms, stay away from the petitioner and children, and attend counseling — all without a criminal conviction.
Consequences of a Restraining Order
A final injunction for protection can last indefinitely, require you to leave your shared home, prohibit contact with your children, require you to surrender firearms, appear on background checks affecting employment, and be used against you in custody and divorce proceedings. A temporary injunction can be issued ex parte — without you present — making it critical to respond quickly.
Defending Against a Restraining Order
You have the right to a hearing within a set timeframe after a temporary injunction is issued. Effective defense involves challenging the petitioner's evidence, presenting contrary witnesses and documentation, establishing lack of threat or violence, and showing the order is unnecessary. In domestic violence cases, we also address whether the injunction is being used as a tactic in a custody or divorce dispute.
Why Choose Curry Law Group
Our attorneys understand how injunctions intersect with criminal charges, custody battles, and divorce proceedings. We aggressively defend against wrongful injunctions while protecting your broader legal interests. We serve Brandon, Tampa, Riverview, Valrico, and all of Hillsborough County.
Frequently Asked Questions
Can I fight a restraining order? Yes. You have the right to a hearing where you can present evidence and challenge the petitioner's claims. What if the injunction is false or retaliatory? False or retaliatory injunctions can be defeated with proper evidence, including testimony, documentation, and inconsistencies in the petitioner's account. Does a restraining order appear on a background check? Injunctions are generally public record and can appear on certain background checks, affecting employment and housing.
Contact Curry Law Group Today
Facing a restraining order or injunction for protection? Curry Law Group provides restraining order defense in Brandon, FL. Call 813-653-2500 for a consultation, or submit your case details online. We serve all of Hillsborough County.
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Key Legal Terms
Important Criminal Law Terms
Understanding these terms can help you make informed decisions about your case.
Acquittal
A decision by a judge or jury that the evidence did not prove the defendant's guilt. The person is released and cannot be tried again for the same charge.
Read full definitionArraignment
A defendant's first formal court appearance after arrest, where charges are read, a plea is entered, and bail may be set. It marks the start of formal criminal proceedings.
Read full definitionAssault and Battery
The use of physical force against another person. In Florida, simple assault is a threat or attempt, while battery involves actual contact, and both can be charged as misdemeanors or felonies.
Read full definitionBail
Security posted to secure a defendant's release from jail pending trial, conditioned on appearing in court. Florida judges set bail based on the charge, criminal history, and flight risk.
Read full definitionBench Warrant
A warrant issued by a judge, typically for failing to appear in court or violating a court order. An outstanding warrant can lead to arrest at any time.
Read full definitionBurglary
The unlawful entry into a building or structure with intent to commit a crime inside. Florida treats it as a felony, with enhanced penalties if a weapon was involved.
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No. Always politely decline to answer questions and request an attorney immediately. Anything you say can be used against you, even if taken out of context. Police are trained to extract information, and you have the right to legal representation. We strongly advise invoking your right to counsel before any questioning.
Misdemeanors are less serious crimes (shoplifting, simple assault) punishable by up to one year in jail. Felonies are more serious (burglary, drug trafficking) and carry sentences of more than one year or potentially life imprisonment. The charge type affects penalties, sentencing guidelines, and your rights.
Yes. Charges can be dismissed if evidence is insufficient, if your constitutional rights were violated (illegal search), if the statute of limitations expired, or if the prosecutor agrees to dismissal. We investigate the evidence thoroughly and file motions to suppress illegally obtained evidence and challenge weak cases.
At arraignment, you're informed of charges, advised of your rights, and bail/bond is set. You enter a plea (not guilty, guilty, or no contest). It's critical to have an attorney present—what you say and do affects your entire case. We protect your rights from the first court appearance.
You can go to trial (where guilt must be proven beyond reasonable doubt), negotiate a plea deal with reduced charges/sentences, or pursue other resolutions. We evaluate the evidence strength, witnesses, and prosecution's case to advise you on your best option. The decision is always yours.
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