Miami Restraining Order Defense Lawyer
As a Miami restraining order defense lawyer, Dustin Tischler represents individuals accused of violating protective or domestic violence injunctions in Florida. These allegations are taken seriously by the courts and can result in criminal penalties, even if no violence occurred. If you’ve been accused of violating a restraining order, swift and experienced legal defense is critical to protect your freedom and reputation.
Understanding Restraining Order Violations in Florida:
Under Florida Statute 741.31, it is a crime to willfully violate an injunction for protection against domestic violence or a foreign protection order recognized under §741.315.
Common violations include:
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Refusing to stay away from the petitioner’s home, school, or workplace
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Initiating direct or third-party contact
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Sending texts, emails, or messages on social media
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Showing up at shared locations or public events
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Possessing a firearm in violation of the order
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Failing to comply with court-ordered terms (e.g., custody or visitation restrictions)
Even unintentional contact can lead to arrest if interpreted as a violation. Florida law does not require physical violence—any prohibited behavior under the injunction may be grounds for prosecution.
Types of Restraining Order Cases We Handle in Miami:
At Dustin Tischler Law, we defend clients charged with:
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Violating temporary or permanent injunctions
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Alleged first-time violations or repeat offenses
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Protective orders issued in divorce, domestic violence, or dating violence cases
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Cross-accusations where both parties have restraining orders
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False or exaggerated claims of violation
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Out-of-state or foreign protection orders recognized in Florida
How Dustin Tischler Can Help With Restraining Order Violations in Miami:
As a knowledgeable Miami restraining order defense lawyer, Dustin Tischler challenges the evidence, intent, and fairness of the accusations brought against you. These cases often depend on context, communication misunderstandings, or emotionally charged situations.
We help by:
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Analyzing the language of the injunction and alleged conduct
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Demonstrating lack of willful intent or miscommunication
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Presenting evidence of false allegations or conflicting testimony
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Arguing for dismissal or reduction of charges
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Negotiating outcomes that avoid jail and preserve your record
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Protecting your rights in family court crossover issues (custody, divorce, etc.)
We understand the high stakes involved and act quickly to protect your interests.
Defense Strategies From a Miami Defense Attorney for Restraining Order Violations
Every case is unique, and our legal strategy is designed to present your side of the story while exposing weaknesses in the prosecution’s case.
Common defenses include:
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No willful violation – You didn’t knowingly break the terms
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Lack of clarity in the injunction’s language
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Petitioner initiated contact or created the situation
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No actual contact or credible evidence of violation
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Emergency situations (e.g., shared children or cohabitation issues)
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Violation was technical or incidental, not intentional
Get Legal Help From a Miami Restraining Order Defense Lawyer
If you’ve been accused of violating a restraining order in Florida, the consequences can be life-changing. A conviction may affect your freedom, your parental rights, and your future.
At Dustin Tischler Law, we deliver experienced, effective defense to fight these allegations and protect what matters most.
Click below to schedule a confidential consultation with a Miami restraining order defense lawyer today.
What happens if I accidentally violate a restraining order in Florida?
Even accidental or unintentional contact can lead to arrest. However, a defense lawyer can argue that there was no willful violation, which is required under 741.31.
Is violating a restraining order a misdemeanor or felony?
Most first-time violations are charged as first-degree misdemeanors, but repeat offenses or those involving violence may be felonies.
Can I be arrested without a warrant for violating an injunction?
Yes. Law enforcement can arrest you on probable cause, even without a warrant, if they believe the terms of the injunction were violated.
How can a lawyer help in a restraining order case?
A lawyer can challenge the evidence, clarify the language of the injunction, present alternate explanations, and negotiate reduced penalties or dismissal.
Will this affect my custody or visitation rights?
Yes. Violations can be used against you in family court, especially in custody and visitation matters. We coordinate defense to protect your parental rights.
