Tampa, Florida Restraining Orders Attorneys
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 or girlfriend to file a restraining order to force a husband or boyfriend out of the house or apartment. Typically, the court does not spend a great deal of time examining the reasonableness of a restraining order.
Someone who claims to feel threatened can file an affidavit at the local courthouse against the person they claim is a threat to them. 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 criminal defense lawyers 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 anytime should they receive a report that you violated the terms of a restraining order
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, 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.
Contact Criminal Defense Attorneys at Busciglio & Sheridan Today
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 criminal law attorneys at the Busciglio & Sheridan Law Group today.
