Can You Fight a Restraining Order in Miami?

 Posted on February 05, 2026 in DUI

Being served with a restraining order after accusations of domestic violence can be a shocking experience. These orders can prevent you from going to your own home, seeing your children, or even going to work if your job is near the person who filed the order against you. If you believe the restraining order is unfair or based on false accusations, you are not powerless. You can and should fight it.

Florida law gives you the opportunity to share your side of the story and challenge the restraining order at a hearing. If someone files a restraining order, stay-away order, or no-contact order against you in 2026, our Miami restraining order defense lawyer is here to help.

What Is a Restraining Order in Florida?

In Florida, restraining orders are officially called "protective injunctions." The most common types are injunctions for protection against:

• Domestic violence
• Repeat violence
• Sexual violence
• Stalking
• Dating violence

These orders are civil court orders, not criminal charges, but violating one can result in criminal penalties including arrest and jail time.

What Happens After Someone Asks for a Protective Order Against You? 

When someone files an injunction against you, the court may issue a temporary injunction immediately, without giving you a chance to respond first. The temporary order stays in effect until a full hearing can be scheduled, usually within 15 days.

A temporary injunction can tell you to stay away from the petitioner, their home, their workplace, and sometimes even your own home if you live together. It can also restrict contact with your children. This is why acting quickly is so important.

Can You Challenge a Restraining Order in Miami?

You absolutely can challenge a restraining order in Florida. The temporary injunction hearing is your opportunity to present evidence, call witnesses, and tell your side of the story. The judge will listen to both parties before deciding whether to dismiss the temporary order or make it permanent.

Under Florida Statute 741.30, the person asking for the protective order must prove their case by presenting evidence that shows you committed an act of violence, stalking, or another qualifying offense. They need to convince the judge that they have a reasonable fear of imminent harm. If they cannot meet this burden of proof, the judge should deny the permanent injunction.

Common Reasons to Fight a Restraining Order

You should fight a restraining order if:

• The allegations against you are false or exaggerated
• There is no evidence to support the claims
• The incident was mutual or you acted in self-defense
• The person asking for the protective order is using it to get leverage in a divorce or custody case
• You have evidence that contradicts their story

False allegations happen all the time. Sometimes restraining orders are filed out of anger during a breakup or as a strategic move in family court proceedings. Other times, the petitioner may genuinely feel afraid but has misunderstood a situation or overreacted to something that does not meet the legal standard for an injunction.

Do You Need a Criminal Defense Lawyer to Fight a Restraining Order?

Even though a restraining order is civil, it can affect your criminal record if you violate it. Having an experienced Miami criminal defense lawyer at your hearing gives you the best chance of successfully fighting the injunction.

A good lawyer will do some important things at the hearing. They will cross-examine the petitioner, something that can look terrible if you try to do it yourself or a lawyer does it poorly. If the petitioner’s evidence is weak, a good lawyer will challenge it.

Your lawyer should also be able to present your evidence effectively and object to improper testimony or evidence. Many people who represent themselves at these hearings do not understand the rules of evidence or how to properly question witnesses. This can result in permanent injunctions being issued even when the evidence is weak.

Additionally, anything you say at the restraining order hearing can potentially be used against you in other legal proceedings, including criminal cases or divorce and custody matters. A lawyer can help you avoid making statements that could hurt you later.

Call a Miami, FL Criminal Defense Attorney Today

If you have just been served with a restraining order in Miami, you don’t have much time to prepare your defense. The hearing will happen quickly, and you need to be ready.

Our Miami restraining order defense lawyer at Stroleny Law: Criminal Defense Attorney takes calls 24/7 to help you fight an unjust restraining order. We offer free consultations and have earned nearly 400 5-star reviews from clients who trusted us during difficult times. Call Stroleny Law: Criminal Defense Attorney at 305-615-1285 today to schedule your free consultation and start building your defense.