Tampa Restraining Orders Lawyers

A restraining order is a serious matter that can lead to severe legal problems while creating substantial complications in a person's life. In bitter divorce battles or break-ups, it's not uncommon for a spouse to file a restraining order to force the other person out of the house or apartment. Typically, the court does not spend a great deal of time examining the reasonableness of a temporary restraining order.

Someone who claims to have been the victim of domestic violence and feels threatened can file an affidavit at the local courthouse against the person he or she claims is a threat. A 15 day restraining order will be issued, followed by a hearing to determine if a temporary or permanent restraining order is needed. Consequently, when a restraining order is first issued, you aren't called to testify or defend yourself. Only at the hearing 15 days later will you have an opportunity to counter the claims contained in the original affidavit.

Free Initial Consultation ● Confidential ● Understand Your Options

At the Busciglio & Sheridan Law Group we have represented those seeking a restraining order and those that have had one issued against them. As a result, we understand the issues and processes involved. To discuss your case and learn how we can help you, contact our experienced Tampa restraining orders attorneys at the Busciglio & Sheridan Law Group today.

How a Restraining Order Can Impact Your Life

The consequences of a restraining order involve both state and federal law that require the following:

• You must relinquish any firearms you own.
• If you share a living space with the petitioner, you must vacate the premises.
• You are not allowed to contact the petitioner, his or her family members, friends, or children.
• If you are divorced your visitation or custody rights may be curtailed or modified.
• You can be picked up by police at any time should they receive a report that you violated the terms of a restraining order.
• You can be charged with the crime of Violating an Injunction.

Fighting a Restraining Order

It's not uncommon for a restraining order to follow suit upon a domestic disturbance call. In many cases, when police respond to a domestic disturbance call, they arrest and remove the male present. As a result, very little —- if any —- evidence or eyewitness testimony is collected. If an angry spouse, ex-spouse, or girlfriend wants to make your life difficult and force you to leave your home, they can file a restraining order, using the domestic disturbance call as evidence against you.

That's why we interview eyewitnesses, look at medical records, order 911 calls, and may ask that the petitioner be psychologically evaluated. We also review the actions of police officers to determine if there was enough probable cause to arrest our client. We also look at the history of the relationship involved in order to tell your side of the story and provide a context in which the restraining order was filed. This is particularly important in divorce cases where domestic disturbance defense is crucial to matters such as child custody.

Domestic Violence Injunctions

Additionally, we can help you with any matter involving a domestic violence injunction. These types of orders are usually issued by a court in connection with an alleged abuse incident brought by a household member such as a spouse, partner, child, or other family member.

We can represent clients on either side of a domestic violence injunction, including someone who needs to take out this type of injunction. We also represent people who have been served with this type of order and need to defend themselves against these charges and the restrictions the petition enforces. It is important to respond quickly to these documents, because if you violate the terms, you may be arrested and prevented from entering your own home where the petitioner also resides.

Repeat Violence Injunction

We also help people challenge and seek repeat violence injunctions when two separate events of violence have occurred, with the most recent event has having occurred in the last six months. This type of action typically applies to anyone who is not classified as a "family member".

Dating Violence Injunction

Finally, we also have experience handling the petition and defense of dating violence injunctions being sought by people who are dating, when one party has been subjected to two or more incidents of violence or stalking, with the most recent incident occurring in the last six months.

Florida Fight Restraining Order Lawyers Here to Help You Now

Regardless of whether you've had a restraining order issued against you or have been arrested for allegedly violating one, we can help. To discuss your case during a free, initial confidential consultation, contact the criminal law attorneys at the Busciglio & Sheridan Law Group today.