Consequences of a Broward Domestic Violence Injunction: What You Need to Know

Domestic violence injunctions (commonly called restraining orders) can have serious, life-altering consequences for those accused. While these orders are designed to protect individuals from harm, they can sometimes be issued hastily, with little evidence, creating challenging situations for the accused. As a Fort Lauderdale criminal defense lawyer, I see the far-reaching effects these injunctions have on people’s lives—from limitations on employment and housing to restrictions on child custody and firearms rights.

If you or someone you know is facing a domestic violence injunction, understanding its implications and possible defense strategies is critical.

Types of Domestic Violence Injunctions in Florida

Florida law allows for several types of injunctions under Chapter 741 of the Florida Statutes. Each serves a different purpose, but all have significant consequences if issued:

1. Domestic Violence Injunctions – Protects individuals who have been victims of violence by family or household members. This injunction can apply if there has been physical abuse, threats, or harassment.
2. Repeat Violence Injunctions – Issued when two or more acts of violence or stalking have been committed against the petitioner, regardless of relationship.
3. Dating Violence Injunctions – Designed to protect individuals in a romantic relationship when one partner has threatened or committed violence.
4. Sexual Violence Injunctions – Applicable when an individual has been a victim of sexual assault or violence, regardless of the relationship to the offender.
5. Stalking Injunctions – Protects individuals who have been stalked, either physically or online.

Immediate and Long-Term Consequences of an Injunction

Broward County domestic violence injunctions impose a variety of restrictions that can impact every facet of life.

Here are some of the main ways an injunction affects the accused:

• Employment Restrictions, Injunctions become part of public record, and employers or licensing boards may look negatively upon individuals with a record of domestic violence allegations, even if unproven. This can make finding and maintaining employment challenging, especially in fields that require a clean background check.
• Firearm Rights. Under both federal and Florida law, a domestic violence injunction results in the immediate suspension of firearm rights. This prohibition can be particularly significant for individuals in law enforcement, military, or security fields, where firearms are an integral part of the job.
• Child Custody and Visitation. An injunction can greatly impact parental rights. Courts often restrict or modify custody and visitation arrangements for those under a domestic violence injunction. Judges tend to err on the side of caution, even if the allegations are questionable, and may impose supervised visitation or suspend visitation altogether.
• Housing Limitations. Certain housing complexes and landlords perform background checks and may deny residency to those with a record of domestic violence allegations. Additionally, a domestic violence injunction could mean eviction if the alleged victim lives at the same residence.
• Permanent Record. Injunctions become part of the public record, and even if later dismissed, they can linger in databases. Anyone conducting a background check—whether for employment, housing, or other purposes—may find evidence of an injunction, impacting the accused’s personal and professional life.

Defense Strategies Against a Domestic Violence Injunction

Defending against an injunction requires a proactive and well-prepared approach.

Some strategies that our experienced criminal defense attorneys may use to fight a domestic violence injunction in Fort Lauderdale:

1. Challenging the Evidence. One of the most effective defenses involves scrutinizing the evidence the petitioner presents. Florida’s 4th DCA ruled in 2006 that mere allegations, without substantial evidence, are not sufficient grounds for a permanent injunction. An experienced lawyer can examine any documents, texts, emails, or social media interactions the petitioner submits to highlight inconsistencies or lack of credible evidence.
2. Questioning the Petitioner’s Motives. Unfortunately, domestic violence injunctions are sometimes used to gain leverage in divorce or custody cases. If an attorney can show that the petitioner has ulterior motives, such as gaining an advantage in a family court case, the judge may be less inclined to issue the injunction. In family law, judges are vigilant against the misuse of injunctions, and presenting evidence of these motives can be crucial.
3. Demonstrating Lack of Fear or Danger. To secure an injunction, the petitioner must show that they are in fear of imminent harm. If the attorney can establish that there has been no credible threat of violence, the court may be more likely to deny the injunction request. Florida’s 4th DCA ruled in 2009  that injunctions should not be granted if the threat of violence is speculative or based on minor disagreements. By demonstrating that any interactions between the parties were non-violent, an attorney can potentially convince the court to deny the injunction.
4. Negotiating a Mutual No-Contact Agreement. In some cases, it may be possible to negotiate a no-contact agreement in lieu of a formal injunction. This agreement, which involves both parties agreeing to avoid contact, is not legally enforceable as a public record. However, it can serve as an alternative that avoids the severe consequences of an official injunction. This approach may be particularly beneficial when both parties agree to part ways peacefully.

Why You Need an Experienced Criminal Defense Lawyer

Facing a domestic violence injunction without legal representation can be a costly mistake. A criminal defense lawyer skilled in domestic violence cases can make a significant difference by:

• Building a Strong Defense. A lawyer can collect evidence, gather witness statements, and highlight any weaknesses in the petitioner’s claims, increasing the chance of a favorable outcome.
• Negotiating Favorable Terms. If a full dismissal isn’t possible, an attorney may be able to negotiate modified terms, like a temporary instead of permanent injunction, or a no-contact order instead of an official injunction.
• Protecting Long-Term Rights. The immediate consequences of an injunction are serious, but so are the long-term repercussions. An experienced attorney will fight to protect your rights—whether related to child custody, employment, housing, or firearms.

A domestic violence injunction can change the course of your life. From employment restrictions to permanent record status, the consequences are far-reaching. However, a skilled Fort Lauderdale defense attorney can help you navigate these challenges and build a compelling defense. If you’re facing a domestic violence injunction in Broward, it’s essential to consult with an attorney who will advocate for your rights and work to secure the best possible outcome. Don’t face these accusations alone—seek professional guidance to protect your future.

Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Horne v. Endres, 61 So. 3d 428 (Fla. 1st DCA 2011)

More Blog Entries:

Can a Broward Domestic Violence Charge Be Dropped? Sept. 30, 2024, Fort Lauderdale Criminal Defense Lawyer