Need Immediate Protection? Call a Restraining Order Attorney in Sarasota 24/7
Facing a restraining order in Sarasota, FL can be daunting. At Law Offices of Eric Reisinger, PA, we provide a comprehensive defense strategy to help you navigate these complex legal waters. With a personalized approach tailored to your unique situation, our experienced team is committed to protecting your rights and guiding you towards the best possible outcome.
We understand that restraining orders can have immediate and severe implications on your life, affecting personal relationships and professional standing. Having a capable attorney on your side is not just beneficial—it’s essential. Our familiarity with the Sarasota court systems enables swift and effective action to mitigate these impacts.
Whether you need to file or fight a restraining order, our restraining order attorney in Sarasota is ready to help—24/7. As former prosecutors, we know how to protect your rights. Call (941) 541-5335 now or contact us online for your free consultation.
Understanding Restraining Order Laws in Florida
In Florida, restraining orders are officially known as Injunctions for Protection and are governed by a variety of statutes depending on the relationship between the parties. The most common type is an Injunction for Protection Against Domestic Violence, which is outlined in Florida Statute § 741.30.
The law broadly defines domestic violence as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another.
The key to a domestic violence injunction is the relationship between the petitioner (the person seeking the order) and the respondent (the person the order is against).
The law specifies that the parties must be "family or household members," which includes:
Spouses and former spouses.
Persons related by blood or marriage.
Persons who are currently residing together or who have resided together in the past as a family.
Parents of a child in common, regardless of whether they have ever been married or lived together.
Key Elements for Granting an Injunction
For a court to grant a temporary or final injunction, the petitioner must prove certain elements. While the specifics can vary by the type of injunction, the court must be convinced that:
A qualifying relationship exists between the parties.
A qualifying act of violence, stalking, or harassment has occurred.
There is a reasonable fear of future harm.
Injunctions are civil court orders, but violating one can lead to criminal charges. A strong restraining order attorney in Sarasota can help you either secure an injunction if you are in danger or defend against an injunction if you have been wrongfully accused.
Types of Injunctions for Protection in Florida
Florida law outlines five distinct categories of injunctions for protection. A skilled Sarasota restraining order lawyer will help you determine which type applies to your specific circumstances, as each requires a different set of facts to be proven in court.
Domestic Violence Injunctions: This is the most common type of injunction. It applies when there is a history of violence or a threat of violence between individuals who are "family or household members."
Dating Violence Injunctions: This type of injunction is for individuals who have been in a "dating relationship" within the last six months and have experienced violence or a threat of violence.
Repeat Violence Injunctions: This injunction is sought when two separate incidents of violence or stalking have occurred, with at least one of those incidents taking place within the last six months.
Sexual Violence Injunctions: This injunction is available to victims of sexual assault or sexual battery. It does not require a prior relationship between the parties.
Stalking Injunctions: This injunction is designed to protect individuals from a pattern of stalking or cyberstalking. Stalking is defined as a course of conduct directed at a specific person that causes substantial emotional distress to that person and serves no legitimate purpose.
The Process of Obtaining a Restraining Order in Sarasota
Seeking a restraining order is a legal procedure that begins with filing a petition with the Sarasota County Clerk of Court. The process can be overwhelming, especially when you are dealing with the emotional and physical aftermath of violence or threats.
A dedicated Sarasota restraining order lawyer can guide you through each step:
Filing the Petition: You must complete a sworn petition with a detailed account of the alleged incidents. This is a critical document that a judge reviews to decide whether to grant a temporary injunction.
Temporary Injunction: Based on the petition, a judge can issue a temporary injunction without the other party's knowledge if an "immediate and present danger" of violence is found. This order is typically valid for 15 days, or until a final hearing.
Service of Process: Law enforcement must legally "serve" the temporary injunction and petition to the respondent, formally notifying them of the order and the upcoming hearing.
The Final Hearing: A full hearing is scheduled where both parties present evidence and testimony. It is your opportunity to prove your case to a judge, who will decide whether to issue a final, long-term injunction.
Our Commitment & Credibility
Choosing the right attorney is crucial. That's why individuals in Sarasota trust us—not only for our extensive litigation experience but also for our deep understanding of the local legal landscape. Attorney Reisinger's unique background as a former prosecutor provides strategic insights, enabling us to anticipate and effectively counter prosecution tactics.
Our track record includes significant achievements, such as the first-ever dismissal of a murder charge under Florida's Stand Your Ground law in Sarasota County.
We pride ourselves on more than just past victories. Our ongoing involvement with the Florida Bar and the Florida Association of Criminal Defense Lawyers establishes us as engaged, informed, and ethically committed professionals. This engagement not only builds our knowledge but also reinforces our reputation as committed practitioners within the community.
Take the Next Step to Protect Your Rights
If you're facing a restraining order in Sarasota, don't navigate this challenging time alone. Contact Law Offices of Eric Reisinger, PA for compassionate and effective legal representation. Our dedicated team is here to provide clarity, ease your stress, and help you understand your rights and options. From the initial consultation to every step of the legal process, we offer the support and expertise needed to seek the best possible outcome.
Call us at (941) 541-5335 or reach out online today to discuss your case and take proactive steps towards securing your future.
Frequently Asked Questions
What Is the Impact of a Restraining Order in Sarasota?
A restraining order in Sarasota can significantly affect your freedom and lifestyle. It generally prohibits contact with the petitioner and may extend to other restrictions like moving out of a shared residence or losing access to shared assets. Additionally, it can impact your job, especially if it's related to sensitive matters or involves certain security clearances. Violating any terms of the restraining order can lead to severe penalties, including fines or imprisonment. At Law Offices of Eric Reisinger, PA, we aim to mitigate these effects by offering robust legal defenses to contest the order's stipulations, ensuring your rights are vigorously protected throughout the proceedings.
How Can I Contest a Restraining Order?
To contest a restraining order in Sarasota, it is crucial to respond promptly and gather all relevant evidence. This may include testimonies from witnesses, character references, and any documentation that discredits the claims against you. With our guidance at Law Offices of Eric Reisinger, PA, you gain access to strategic planning, evidence collection, and representation in court hearings. Our experience and insight into the local legal framework allow us to craft effective counterarguments, aiming to dismiss or reduce the order's stipulations, consequently safeguarding your personal and professional life from its impact.
What Are the Legal Grounds for a Restraining Order?
In Sarasota, Florida, restraining orders are issued primarily in cases of domestic violence, stalking, harassment, or threats of harm. They serve as protective measures to prevent future harm or intimidation to the petitioner. Understanding these grounds allows us to analyze the order's validity critically. At Law Offices of Eric Reisinger, PA, we thoroughly review the circumstances leading to the order to identify procedural violations or lack of evidence, offering you a comprehensive defense that aims to challenge and nullify unfounded claims effectively.
What Should I Do If Served with a Restraining Order?
Upon receiving a restraining order, read it carefully and adhere to its terms immediately to avoid any legal complications. Contacting an attorney is the next essential step. At Law Offices of Eric Reisinger, PA, we provide immediate guidance and representation. We assist you in understanding your rights, preparing your response, and representing you during any scheduled court appearances. Our approach ensures you are well-prepared to contest accusations appropriately and safeguard your personal freedom and reputation in Sarasota courts.
Can a Restraining Order Be Modified or Lifted?
Yes, restraining orders can be modified or lifted depending on changes in circumstances or if the initial order was imposed without sufficient evidence. Our skilled team at Law Offices of Eric Reisinger, PA can file a motion to modify or dissolve the order, presenting compelling evidence or new facts that support your case. By emphasizing our thorough understanding of Sarasota's legal system and procedural tactics, we maximize the chances of achieving a favorable resolution for you, ensuring that your rights are respected and preserved throughout this challenging process.
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
Not Guilty Verdict2016 CF 004875 NC – Life Felony Second Degree Murder
Not Guilty Verdict2017 CF 000169 – Life Felony Armed Robbery
Successful Resolution2017 CF 002479 AX – 15 Counts of Possession of Child Pornography
Not Guilty Verdict2017 MM 11498 – Misdemeanor Battery and Misdemeanor Sex Offense -Unnatural and Lascivious Act
Case Dismissed2018 CF 000323 – Two Counts Felony Battery on a Person 65 or Older
Case Dismissed2018 CF 002675 AX–Felony Battery on a Person 65 or Older
When you hire the Law Offices of Eric Reisinger, PA to defend you on a criminal charge, we will conduct a full investigation of the circumstances leading to your arrest. As a former prosecutor at the State Attorney’s Office, Attorney Reisinger has in-depth knowledge and understanding of how the state prepares and presents its cases.
