How Protective Orders Can Impact Your Employment and Legal Rights in Florida
When someone files a restraining order or injunction against you in Florida, it can have serious consequences beyond the courtroom. Many people worry about their legal rights, their reputation, and how such an order could impact their employment. While a restraining order itself is not a criminal conviction, it can affect job opportunities, security clearances, and professional licenses.
Florida law allows courts to issue different types of protective orders depending on the circumstances. If an injunction is filed against you, knowing your rights and the potential consequences is essential. Let’s discuss how these orders work, what offenses they relate to under Florida law, and how they may impact your job.
What Is a Restraining Order or Injunction in Florida?
A restraining order, also known as an injunction for protection, is a legal order issued by the court to prevent one person from having contact with another. These orders are typically granted in situations involving allegations of harassment, stalking, domestic violence, or threats.
Under Florida Statutes § 741.30, individuals who claim they are victims of domestic violence can petition the court for a protective order. Similar injunctions exist for stalking, dating violence, repeat violence, and sexual violence. These orders can impose strict limitations, including prohibiting contact, restricting movement, and even affecting firearm ownership.
Once a petition for an injunction is filed, the court may grant a temporary injunction without a full hearing. The respondent will then have an opportunity to defend themselves at a final hearing, where a judge decides whether to issue a permanent injunction that may last indefinitely.
Offenses That Lead to a Restraining Order in Florida
A restraining order can stem from various accusations, including but not limited to:
- Domestic Violence (§ 741.28, Fla. Stat.): Includes physical assault, threats, stalking, kidnapping, or any criminal offense that results in injury between family or household members.
- Stalking or Cyberstalking (§ 784.048, Fla. Stat.): Repeated unwanted contact, online harassment, or following someone against their will.
- Sexual Violence (§ 784.046, Fla. Stat.): Any non-consensual sexual act, even if criminal charges are not filed.
- Dating Violence (§ 784.046, Fla. Stat.): Acts of violence between individuals in a romantic or intimate relationship.
- Repeat Violence (§ 784.046, Fla. Stat.): At least two instances of violence or stalking, with one occurring within six months of the injunction request.
Even if no criminal charges are filed, a restraining order is a serious matter that can affect various aspects of your life—including your job.
Can You Lose Your Job If a Restraining Order Is Filed Against You?
Whether a restraining order affects your job depends on several factors, including your industry, employer policies, and whether the allegations impact your ability to perform your duties.
Jobs That May Be Affected by a Restraining Order
Certain professions are more sensitive to restraining orders, particularly those involving:
- Government Employment: Many federal and state jobs require background checks, and a restraining order could raise red flags.
- Law Enforcement or Security: Officers, security guards, and military personnel may face disciplinary action if a restraining order is filed, especially if firearms are restricted.
- Healthcare and Education: Teachers, nurses, and caregivers must often pass background checks, and any injunction could result in administrative review.
- Professional Licensing: Many regulated industries require employees to report legal matters to licensing boards, including allegations of violence or harassment.
Even in private-sector jobs, an employer might choose to terminate employment if they believe the injunction reflects negatively on the company.
Impact on Background Checks and Security Clearances
Restraining orders are civil matters, but they may still appear in background checks. This can be particularly damaging for job applicants in industries that require security clearance or regular screenings.
If a permanent injunction is issued against you, it may be reported to licensing agencies, which could impact your ability to renew or maintain professional credentials.
Can an Employer Fire You for a Restraining Order?
Florida is an at-will employment state, meaning employers can terminate employees for almost any reason—except illegal discrimination. If an employer believes a restraining order harms the company's reputation or work environment, they may choose to dismiss the employee.
Some specific scenarios where termination may occur include:
- The restraining order restricts access to the workplace (e.g., if the petitioner works in the same office).
- The employer believes the restraining order poses a safety risk to other employees.
- The order affects job performance, such as preventing travel or restricting firearm possession for armed security personnel.
However, wrongful termination claims may arise if an employer fires an employee based on false allegations. If you believe your employer has unfairly terminated you due to a restraining order, legal options may be available.
Legal Defenses Against a Restraining Order
Challenging a restraining order is crucial to protecting your rights, reputation, and career. Several defenses may apply depending on the circumstances:
Lack of Evidence
The petitioner must provide clear evidence that an injunction is necessary. If their claims are vague, exaggerated, or unsupported, the court may deny the request.
False Allegations
If someone files a restraining order with false accusations, gathering witness statements, phone records, and other evidence can help disprove their claims.
Violation of Due Process
If the court issues an injunction without proper notice or an opportunity for defense, this could be grounds for challenging the order.
No Threat of Immediate Harm
Judges grant injunctions based on immediate risk. If the petitioner cannot show a present danger, the order may be dismissed.
If an injunction is granted, options for modification or appeal may still be available.
What to Do If a Restraining Order Threatens Your Job
If you are facing a restraining order that may impact your employment, consider taking these steps:
- Consult an Attorney Immediately: Legal representation can help you fight the injunction or negotiate modifications to prevent job loss.
- Gather Evidence: If the accusations are false, collect messages, emails, surveillance footage, and witness statements to support your case.
- Attend the Court Hearing: You have the right to challenge the restraining order before it becomes permanent. Missing the hearing may result in an automatic ruling against you.
- Notify Your Employer If Required: Some jobs require disclosure of legal matters. If this applies to you, consulting an attorney before informing your employer is crucial.
- Request a Modification: If the order affects employment, such as restricting travel or firearm possession, requesting changes may help prevent job-related consequences.
A well-prepared defense can significantly impact the outcome of your case.
Florida Restraining Order FAQs
What types of restraining orders exist in Florida?
Florida courts issue protective orders for domestic violence, dating violence, sexual violence, stalking, and repeat violence. Each type has different legal requirements and restrictions.
Can an employer see a restraining order on a background check?
Yes, in some cases. While a restraining order is a civil matter, it may appear in public records or background screenings. This can be particularly concerning for jobs requiring security clearance or licensing.
Does a restraining order automatically mean I committed a crime?
No. A restraining order is not a criminal conviction, and many injunctions are granted without sufficient evidence. However, violating a restraining order is a criminal offense under Florida law.
Can a restraining order affect my professional license?
Yes. Many licensing boards require professionals to disclose legal matters, including restraining orders. Failing to report an injunction could result in disciplinary action.
What happens if I violate a restraining order in Florida?
Violating a restraining order is a first-degree misdemeanor under Florida Statutes § 741.31, punishable by up to one year in jail and a $1,000 fine.
How long does a restraining order last in Florida?
A temporary order lasts up to 15 days. A permanent injunction may have no expiration date but can sometimes be modified or removed by the court.
What should I do if a restraining order is based on false accusations?
You have the right to defend yourself. Providing evidence, presenting witness testimony, and challenging inconsistencies in the petitioner’s claims can help dismiss the case.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.