Domestic violence allegations are treated with the highest level of urgency in Florida courts. If you are served with a domestic violence injunction—commonly known as a restraining order—the consequences can be immediate and severe. Your access to your home, your children, and even your job could be impacted before you ever step foot in a courtroom.
At the Law Offices of Anthony G. Ryan, we know how critical it is to respond swiftly and strategically when faced with an injunction in Sarasota. Attorney Anthony G. Ryan, a Florida Bar Board Certified Criminal Trial Lawyer, has years of experience representing clients in both criminal proceedings and injunction hearings. He understands the high stakes involved and works to protect your rights from the very start.
What Is a Domestic Violence Injunction?
Under Florida Statute § 741.30, a domestic violence injunction is a court order intended to protect someone who alleges they are the victim of domestic violence or who claim they are in imminent danger of becoming a victim.
These injunctions can be filed by:
- Current or former spouses
- Relatives by blood or marriage
- Individuals living together or who previously lived together as a family
- Parents who share a child, regardless of marriage or cohabitation
The purpose of the injunction is to prevent contact or communication between the parties. However, because the law favors caution in these matters, judges often grant temporary injunctions immediately—before the accused has a chance to tell their side of the story.
The Injunction Process in Sarasota
- Petition Filed: The alleged victim (petitioner) files paperwork requesting an injunction.
- Temporary Injunction: A judge may grant an immediate temporary injunction, typically lasting up to 15 days. This order can remove you from your home, restrict your access to children, and limit your movements.
- Hearing Scheduled: A full evidentiary hearing is set, usually within two weeks. This is your opportunity to present evidence, cross-examine witnesses, and defend against the allegations.
- Final Injunction: After the hearing, the judge decides whether to dismiss the petition, deny the injunction, or issue a final order that could remain in effect for months, years, or even indefinitely.
Consequences of an Injunction
Even before a hearing, being served with an injunction can significantly disrupt your life. Possible consequences include:
- Removal from your residence
- Temporary loss of custody or visitation rights
- Prohibition from possessing firearms or ammunition
- Restrictions on travel and employment
- Public record of the injunction, which can harm your reputation and career
If the injunction becomes final, these restrictions can last long-term. Additionally, violating an injunction is a separate criminal offense, which can result in jail time.
How to Respond if Served with an Injunction
If you are served with a domestic violence injunction in Sarasota, it is critical that you act immediately:
- Read the Order Carefully: Understand all restrictions and follow them exactly. Even minor violations can lead to arrest.
- Do Not Contact the Petitioner: Avoid phone calls, texts, emails, or messages through third parties. Any contact can be used against you in court.
- Gather Evidence: Collect messages, emails, social media posts, and witness statements that support your side of the story.
- Prepare for the Hearing: This is your only chance to present your defense. Arriving unprepared can have lasting consequences.
- Seek Legal Representation: An experienced attorney can help identify weaknesses in the petitioner’s case, present strong counterarguments, and protect your rights during the hearing.
Why Legal Representation Matters
Unlike criminal cases, injunction proceedings move quickly and can be highly emotional. Judges often err on the side of caution, which makes it critical to have a defense that is both factual and persuasive.
Attorney Anthony G. Ryan has represented numerous clients facing injunctions in Sarasota and surrounding areas. His background as a Board Certified Criminal Trial Lawyer means he brings extensive courtroom skill and trial-tested strategies to these hearings. Whether negotiating modifications, presenting evidence, or cross-examining witnesses, he provides clients with a strong voice when it matters most.
Take Action Now to Protect Your Rights
Domestic violence injunctions carry serious and lasting consequences. If you have been served, time is not on your side—the hearing may be scheduled within days, and failing to act quickly could cost you your home, your children, and your freedom.
Contact the Law Offices of Anthony G. Ryan today to discuss your case. Attorney Ryan will provide the guidance you need, prepare your defense, and fight to protect your rights in Sarasota courts.
