Committed to Delivering Results and Protecting You and Your Rights During Your Restraining Order case in Miami, Florida
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What You Should Know About Miami Dade County Restraining Orders
Restraining orders (also called protective orders or injunction orders of protection in Florida) help to protect victims of abuse from their abusers. If you have received a restraining order, or a temporary restraining order, against you but believe that the order is unwarranted, erroneously filed or based on falsified accusations and information, it is imperative that you understand how restraining orders work so that you can protect yourself.
If you have been served documents for a restraining order by a police officer or other private process server that summons you to court for a full hearing on a restraining order, you should contact a Miami restraining order attorney as soon as possible and set up a consultation to go over how someone experienced in matters such as these can help. Wichman Law Firm has been helping people with restraining orders on both sides of the issues, but primarily on the defense side as they can coincide with criminal defense cases that we help with, often with similar accusations made against our client in the criminal case. We have helped hundreds of clients since 2010 in court with these matters and our winning percentage at court is near perfect, as we counsel our clients properly on whether it is smart to go to trial, and if so then we know how to go about presenting a case properly in court, resulting in a win at trial from the judge, or a dismissal from the other party or judge. If there are criminal charges also filed now or in the future, as stated, our Miami restraining order lawyer is also an accomplished criminal defense lawyer and can help with any cross-over matters effectively for our restraining order client. Restraining orders are not a criminal case, although they are criminal in nature with similar accusations being raised and how evidence is pulled together for them in a trial. A restraining order also creates a new possibility of a criminal charge for the accused because a violation of any granted restraining order or of the temporary restraining order is a crime which would trigger a criminal charge and criminal punishment, such as jail and a criminal record.
It is important to fight against false allegations because allowing people to make false statements about you in court for a case like this can embolden them to continue to make false allegations in the future and make matters further worse for you.
Our Miami restraining order lawyer, Kevin P. Wichman, is a top-rated attorney and skilled and award-winning trial lawyer. He can help you with your case in Miami and at the Miami Dade County Courthouse and offers a free consultation for defendants (also called respondents) for restraining order cases. Give our office a call at (305) 317-1529 to set up a free and confidential consultation today.
Wichman Law Firm Represents Restraining Order Clients in Miami-Dade County Court, Broward County Court, and Palm Beach County Court for Full and Temporary Restraining Orders
Wichman Law Firm helps people throughout the South Florida region and Greater Miami, including the courts of Miami-Dade County, Broward County, and Palm Beach County. We will also help with the surrounding counties of Martin County, St. Lucie County, Glades County, Monroe County, and Collier County, as we understand that because these cases most often arise out of former romantic relationships, which could involve the former significant other being slightly further away to travel or has recently moved further away, we work to still help the client that is situated in the Miami metropolitan area so that they can have quality and trusted counsel that is close to them and can protect them from any future actions filed as well and is familiar with their story and case history.
Miami restraining order lawyer Kevin P. Wichman has worked with countless domestic violence and restraining order clients, helping them to block restraining orders, get temporary restraining order dismissed, and rebut false accusations at trial with great success. Attorney Wichman is a top rated Miami-Dade County criminal defense attorney with over 15 years of experience handling criminal defense cases and restraining order cases and other litigation matters across three state, in what is a likely a hundred different courtrooms and judges. He is a top rated trial lawyer and knows how to handle himself and represent his clients in court in front of the public, judge, and jury. If you are interested unparalleled legal representation and zealous and aggressive advocacy, call Wichman Law Firm today at (305) 317-1529 for a free case evaluation.
(305) 317-1529
(855) WICHMAN toll free
(305) 317-1LAW
Free Consultation
Types of Restraining Orders in Florida
Restraining orders in Miami are based on State of Florida legal statutes surrounding domestic violence between former romantic partners, family, and people who live together, but also include situations where the parties do not share this relationship when there has been sexual abuse or repeat violence from the same individual. Splitting up the types of restraining orders in different categories allows the Courts and attorneys to more quickly focus the case on what is relevant to expedite the process, as well as can allow or disallow certain consequences based on what would be already decided as appropriate or not given that particular situation or relationship between the parties, leaving less issues needed to be decided in court. The different types of restraining orders that you can see filed in the Miami Dade County Courthouse in Miami or elsewhere in Greater Miami, include:
- domestic violence restraining order
- injunctions against dating violence
- stalking violence restraining order
- repeat violence restraining order
- sexual violence restraining order
Wichman Law Firm can help with any of these types of cases, and is available to have one of our Miami restraining order attorneys meet with you either in person or virtually on video given your proximity to our office. Give us a call at (305) 317-1529 today to set up.
Restraining Order Process – How are Restraining Orders Issued in Miami, FL?
If someone has sought a restraining order against you in Miami, FL, they would have needed to file a petition at one of the Greater Miami Courthouses in Miami Dade County, Broward County, or Palm Beach County where they have alleged certain asks of abuse or stalking and stated their relationship to the Court where it would be reviewed by the Judge in an expedited manner to account for any emergency in needed to protect the individual who filed by placing an order restraining the accused from contacting them in any manner temporarily and / or setting the matter for trial to be hard on its merits.
The court will at times deny a full hearing for attempts at a restraining order that clearly do not meet the statutory requirements under Florida law, however, some cases still make it through to have a full hearing. Our restraining order attorney will check to see if the requirements are met and if not will seek to have your case dismissed through the proper procedures with the Court. If you are served paperwork for a full hearing on the restraining order and / or the temporary restraining order which will provide for a full hearing, chances are good that the accuser has properly said enough to meet the statutory requirements and you will have a full hearing on the merits of their allegations where you are allowed to have your own private attorney to assist you. If you are in this situation and have been served paperwork either at home or at work that states there is a temporary restraining order placed on you or that you will have a hearing for a full restraining order placed on you soon, call us today at 305-317-1529 as we can help defend you and prevent any adverse consequences that can come from having the temporary restraining order become a full order, or have the restraining order sought still go into effect after the court has a full hearing on the matter where you are required to be present to defend yourself. Call us now at 305-317-1529 to set up a free consultation with our Miami restraining order lawyer to go over all the important details to make sure your rights and liberty are protected. Restraining order cases move very quickly so call us as soon as possible.
(305) 317-1529
(855) WICHMAN toll free
(305) 317-1LAW
Free Consultation
Penalties for Violating a Restraining Order
While a restraining order or temporary restraining order is a civil order, it carries some very real consequences. A violation of the order by the defendant or respondent is actually a crime. It is usually a misdemeanor that could be up to a year in jail, along with making you have a criminal record. The temporary restraining order and full restraining order can put you immediately out of your home even if you own it or have a lease on it in order to keep you away from someone living there or nearby. Similarly it can put you out of your job or work place if the location could create contact with your accuser. You could lose access and custody of any shared children and have your child support modified to reflect the change in custody ordering you to pay the alleged victim each month child support.
You could have to do anger or substance abuse counseling as ordered by the court. You could be held in contempt of court, which would be in jail, for not following any order or directive of the judge associated with the proceedings of the restraining order in court or in not following directives the judge laid out in the temporary restraining order or full order that has restrained your liberty in some way or forced you to do a certain requirement. Additionally the restraining order could be visible to others doing a background check on you from the public nature of court proceedings and could create similar adverse effects and consequences as if it were a criminal case, since the restraining orders are known to be only granted for allegations of abuse, violence, sexual abuse, and stalking, making employers, landlords, and anyone one else hesitant to be involved with you.
Attorney Kevin P. Wichman is an accomplished trial lawyer who has handled restraining order cases with great success for over a decade, primarily assisting on the defense side, but he will also help on the victim side when it has been determined that there is a good and legitimate need for the restraining order. He can help you as well and offers a free consultation to defendants. Give his office a call if you are in need help of a Miami restraining order at (305) 317-1529 today.
Free Consultation on Combating Restraining Order Allegations
A restraining order granted against you can have a devastating and consequential effect on your liberty, ability to make a living, residence, and parenthood. While you can have an attorney represent you in court and conduct the trial for you, because this is a civil case, there is no right to have an attorney appointed to help you or have a public defender assist you for free. We do best to offer reasonable fee and flat fees to further help those with some financial constraints to allow for them to afford our services in order to ensure they get the help they need to avoid the dire consequences of the restraining order being granted fully. Contact Wichman Law Firm immediately for a free consultation on your restraining order case in Miami and the surrounding areas. Our Miami restraining order attorney is available 24/7, so do not hesitate to contact us at (305) 317-1529 or (855) 942-4626 toll free.
(305) 317-1529
(855) WICHMAN toll free
(305) 317-1LAW
Free Consultation
