Have you recently had a restraining order taken out against you? Are you confused as to what this means for your life? Do you have concerns about how a restraining order impacts your relationship with your family?

If so, protecting yourself and challenging the restraining order allegations against you is essential. An experienced restraining order lawyer in Tampa, FL, may be able to help you protect your future and reputation. Contact Metcalf Falls, Criminal Defense Attorneys, P.A., to learn more about the best defense options for your case with our domestic violence defense attorneys in Tampa.

What to Do Right Now If a Restraining Order Has Been Filed Against You

Do Not Contact the Petitioner — Even Indirectly: Any contact—direct, through family members, mutual friends, or even third parties—is a violation. Even well-intentioned communication can result in criminal charges. Do not text, call, email, or use social media. Violating this can turn your case into a criminal matter instantly.
Preserve All Communications: Save every text message, email, voicemail, social media message, and any photos or videos involving the petitioner or the alleged incident. Do not delete anything from your phone or computer. Courts view deletion as consciousness of guilt. Screenshots should be timestamped and backed up to cloud storage or printed.
Document Your Timeline: Create a detailed timeline of where you were, what you were doing, and who was present for each date and time mentioned in the restraining order petition. Write down everything you remember about the alleged incidents—your perspective, your words, your actions. This becomes your defense roadmap.
Identify Potential Witnesses: List everyone who can testify on your behalf—people who were present during the alleged incidents, people who know your character, people who can attest to the petitioner’s credibility issues or prior false allegations. Get their contact information and their relationship to the situation.
Secure Forensic and Phone Data: If you have phone records, location data, or digital communications that support your defense, do not wait. Obtain copies of your phone records from your carrier, download your social media message history, and consider hiring a digital forensics expert before any evidence is lost or deleted.
Avoid Social Media Posts About This Case: Do not post about the restraining order, the petitioner, the allegations, or your defense strategy on Facebook, Instagram, Twitter, or any public platform. The prosecution will use anything you post against you.
Call Metcalf Falls Immediately — We Are Available 24/7: Contact 813-258-4800 right now. The sooner we can review your case, the more time we have to prepare for your hearing. Many temporary injunctions are issued in 15 days, so time is critical. We have handled hundreds of injunction cases and know how prosecutors and judges in Hillsborough County think.

What to Bring to Your First Consultation:

The full restraining order petition (temporary and/or permanent)
Any court documents you have received
Photos, videos, emails, or text messages related to the case
A detailed timeline of the alleged incidents from your perspective
A list of potential witnesses with contact information
Any evidence of prior false allegations or credibility issues

How Does a Restraining Order Work in Florida?

If you receive a restraining order, you should understand the terms to avoid a violation, which could lead to criminal charges.

Restraining orders can impose restrictions on one party concerning another. Many times, restraining orders prohibit you from being within a certain distance of another party, contacting another party, or doing certain activities that may threaten, intimidate, or harm another party.

Restraining orders are a type of injunction typically taken out by alleged victims of domestic violence. Ultimately, the goal of a restraining order is to prevent the alleged victim from being subject to physical bodily injury. Some situations where restraining orders could get issued include cases of:

Emotional abuse
Physical abuse
Sexual abuse
Child abuse
Child endangerment
Child neglect
Stalking
Harassment

Types of Restraining Orders in Florida

Multiple types of restraining orders could be issued in the state of Florida. The type of restraining order taken out against you will vary depending on the specific circumstances of the alleged crime you are being accused of committing. Examples of restraining orders you could have taken out against you include:

Dating violence restraining orders are filed when someone involved in a romantic relationship makes allegations that their partner assaulted or physically harmed them
Domestic violence restraining orders are filed when there are allegations of abuse between household or family members
Sexual battery restraining orders are filed when an alleged victim makes accusations of sexual battery
Repeat violence restraining orders are filed when someone accuses an individual of stalking or assault of the same person on two or more occasions

What Happens after a Restraining Order Is Filed?

After a restraining order has been filed, that does not mean it is permanent. The restraining order will be in place temporarily until your case is heard in a hearing before the judge. Here is what to expect after a restraining order is filed in Tampa, FL:

The Petition is Filed – After the alleged victim has filed the restraining order petition, the judge will be responsible for reviewing the petition to determine whether a temporary injunction should be issued. If a temporary injunction is issued, a hearing will be scheduled within 15 days of the date the petition was filed with the Clerk’s Office.
The Respondent Is Served – For the duration of the temporary injunction, you should be prepared to avoid contact with the alleged victim, maintain the specified distance, and follow any other required terms. The sheriff in the county where you reside will be responsible for serving you with the temporary injunction as soon as possible.
The Judge Hears Your Case – The alleged victim in your case will be required to provide their testimony regarding the circumstances of the restraining order. You will also have the opportunity to refute any of the allegations made by the alleged victim in your case. Your attorney can gather the evidence needed to help prove the restraining order is unnecessary in your case.
The Judge Makes a Decision – After both parties have had the opportunity to present their case, the judge will review the evidence and issue an order. If a permanent injunction is issued, you will be required to adhere to the terms or risk the severe penalties of a restraining order violation.

How Restraining Orders Work in Hillsborough County — Timelines and Process

Emergency/Ex Parte Temporary Injunctions

A judge can issue a temporary restraining order without you being present or even knowing about the hearing. This is called an ex parte order (one-sided). The petitioner asks the judge for temporary protection, and if the judge is convinced there is an immediate threat, the judge can issue the order that day. This temporary injunction is valid for 15 days and becomes effective immediately. You must comply with it right away, even if you have not had a chance to tell your side of the story yet. Violating a temporary injunction is just as serious as violating a permanent one—it is a criminal offense. This is why calling us immediately after being served is crucial.

The Full Hearing (Within ~15 Days)

Within 15 days of the temporary injunction being issued, the court must hold a full hearing. At this hearing, both you and the petitioner are present. Both sides present evidence: testimony, photos, emails, text messages, witnesses. The standard of proof is preponderance of the evidence—which means the judge decides whether it is more likely than not that the allegations are true. This is a lower standard than “beyond a reasonable doubt” (which applies in criminal cases), but it is not automatic. We attack the petitioner’s evidence, highlight inconsistencies in their story, present your witnesses, and show your side of what actually happened. If the judge is not convinced, the injunction is denied. If the judge is convinced, the injunction becomes permanent.

How Long Do Permanent Injunctions Last?

Once issued, a permanent injunction can last indefinitely in Florida—meaning for the rest of your life unless you petition the court to dissolve it. However, you do have the right to petition to dissolve the injunction. After a period (typically after showing a change in circumstances or that the threat is no longer present), you can ask the court to remove the restrictions. Our firm regularly files dissolution petitions when the circumstances support relief.

Civil Injunctions vs. Criminal Charges — The Critical Distinction

This is crucial to understand: a restraining order is a civil proceeding—not a criminal one. The petitioner is suing you, not the government. However, violating that injunction is a criminal offense. If you breach the order—even once—you can be arrested, prosecuted, and convicted of a crime. Additionally, prosecutors use civil restraining orders as evidence in criminal cases. If you are charged with domestic violence, stalking, or harassment and there is a restraining order against you, prosecutors will use that injunction to show a pattern of behavior. They argue: “The court already found probable cause that this person is dangerous. The civil order proves it.” This is why winning at your restraining order hearing is so important. We also handle the criminal side—if you face charges related to the alleged conduct behind the injunction, we defend those too. See our page on domestic violence cases for more.

Penalties for Violating Florida Restraining Orders

Violating a restraining order is a serious criminal offense in Florida. The penalties depend on the nature of the violation and whether violence is involved:

First Violation (Domestic Violence Injunction): If you violate a protective order related to domestic violence, the offense is a first-degree misdemeanor. Penalties include up to one year in jail and/or a fine up to $1,000. This appears on your criminal record.
Violation Involving Violence or New Domestic Violence Offense: If the violation involves an act of violence or constitutes a new domestic violence offense, the violation can be charged as a third-degree felony. Penalties include up to five years in state prison and/or a fine up to $5,000. This is a much more serious consequence and can affect employment, housing, and custody rights.
Aggravated Stalking After an Injunction: If you violate a stalking injunction by engaging in conduct that meets the definition of aggravated stalking, you face third-degree felony charges—up to five years in prison.

Florida Statute 784.0485 governs injunctions for protection, and 775.082 and 775.083 define the penalties. These are not warnings or minor citations. A single violation can result in arrest, jail time, and a felony record. If you are served with a restraining order and worried about your ability to comply (for example, if your job requires proximity to the petitioner), contact us immediately. We can request modifications or work with prosecutors on enforcement alternatives. Do not violate the order—even if you believe it is unjust. Fight it in court.

How We Fight Restraining Orders in Tampa

Investigation and Evidence Collection

Our firm does not just show up to a hearing and hope for the best. We investigate. We interview witnesses who can testify that the petitioner’s allegations are false or exaggerated. We subpoena phone records and social media data to show the timeline and nature of your communications. We obtain police reports, 911 call recordings, and dispatch records. We request surveillance footage from businesses, traffic cameras, or private security systems. If the case involves complex digital evidence, we hire independent digital forensics experts to examine computers, phones, and cloud accounts. We build a factual record that contradicts the petitioner’s narrative.

Challenging the Petitioner’s Credibility

Many restraining order petitions are filed out of anger, revenge, or as leverage in another case (custody disputes, divorce, property division). We challenge the petitioner’s credibility by: (1) exposing inconsistencies in their testimony—what they said in the petition versus what they say in court; (2) showing motive—if there is a custody fight or divorce, we highlight that the injunction may be a tactic to gain advantage; (3) presenting evidence of prior false allegations or exaggerations by the petitioner; (4) cross-examining the petitioner aggressively to reveal holes in their story. Judges have heard many injunction cases. They know when someone is exaggerating or lying.

Presenting Your Evidence at the Hearing

Evidence that helps your case includes: (1) text messages, emails, or social media messages showing that contact was consensual, friendly, or part of an ongoing relationship; (2) witness testimony from people who were present or who know the truth about the relationship or the alleged incidents; (3) photos or videos that contradict the petitioner’s allegations or show your state of mind (for example, no injuries if violence was alleged); (4) character witnesses who testify that you are not a violent or threatening person; (5) timestamped location data or alibis proving you were not where the petitioner claims; (6) documentation showing that the petitioner initiated contact, not the other way around. We present this evidence clearly and strategically so the judge understands your side.

Filing Motions to Dissolve the Injunction

Even if a permanent injunction is issued, it is not permanent forever. You can file a petition to dissolve the injunction if circumstances have changed—for example, if you have completed counseling, if the alleged threat is no longer present, or if new evidence proves the injunction was based on false allegations. We prepare these petitions and present evidence at dissolution hearings. If you are eligible for relief, we fight for it. For more on our full defense strategy and related services, see our page on criminal defense and motions practice.

Frequently Asked Questions About Restraining Orders in Tampa

How long does a restraining order last in Florida?

A temporary restraining order is valid for 15 days. After your hearing, if the judge finds the allegations proven, the order becomes permanent. Permanent injunctions in Florida can last indefinitely—meaning they remain in effect for life—unless you petition the court to dissolve it. You have the right to petition for dissolution if circumstances change or you can show that the threat is no longer present.

Can I fight a temporary restraining order?

Yes, absolutely. Even though the temporary order was issued without your presence, you have the right to a full hearing within 15 days. At that hearing, both sides present evidence, witnesses testify, and the judge decides whether to make the injunction permanent or dismiss it. An experienced attorney can present evidence and credibly cross-examine the petitioner. Many injunctions are challenged and reduced or dismissed entirely at the full hearing.

What happens if I violate a restraining order in Florida?

Violating a restraining order is a criminal offense. A first violation is typically a first-degree misdemeanor—up to one year in jail and $1,000 in fines. If the violation involves violence or a new domestic violence act, you can be charged with a third-degree felony—up to five years in prison. Do not risk it. If you have questions about compliance or fear you may violate it accidentally, contact us immediately.

Can the petitioner drop the restraining order?

The petitioner can file a request to have the injunction dissolved, but only the judge can officially dismiss it. Even if both you and the petitioner agree to drop it, the court retains discretion and may maintain it if the judge believes it is still necessary for your safety or the community’s safety. You cannot simply agree to ignore the order. It remains in effect until a judge formally dissolves it through a court order.

Do I need a lawyer to fight a restraining order?

While you are not required to hire an attorney, having an experienced injunction defense lawyer significantly improves your chances of winning. An attorney knows how to properly challenge evidence, cross-examine the petitioner effectively, present your side credibly, file appropriate motions, and negotiate with prosecutors. The stakes are too high to go it alone. Let us help. Contact Metcalf Falls today for a free consultation.

Get Help from a Restraining Order Lawyer in Florida Today

You should know your next steps when a restraining order has been taken out against you. Do not hesitate to contact Metcalf Falls, Criminal Defense Attorneys, P.A., when you need a reputable restraining order lawyer in Tampa, FL, to advocate for your liberties. Fill out our confidential contact form or call us at 813-258-4800 to schedule your initial consultation with our local violent crime lawyers today.

Restraining Order Lawyer in Tampa, FL