How Restraining Orders and Injunctions Impact Your Record in Florida
When someone files a restraining order or injunction against you in Florida, it’s natural to worry about the long-term effects on your record. These court orders are serious, and many people don’t realize the impact they can have even if no criminal charges are filed. Whether an injunction appears on your record depends on the type of order issued, how the case was handled, and whether any violations occurred. Let’s go through how these court orders work under Florida law, how they can affect your background checks, and what you can do if one has been filed against you.
What Is a Restraining Order or Injunction Under Florida Law?
A restraining order, also called an injunction for protection, is a civil order issued by a Florida court to prevent someone from engaging in threatening, harassing, or violent behavior against another person. These orders typically prohibit contact with the petitioner and may impose restrictions on where you can go or who you can be around.
Florida recognizes several types of injunctions under Florida Statutes § 741.30, § 784.046, and § 784.0485:
- Domestic Violence Injunction – Filed against a family or household member based on allegations of violence, threats, or stalking.
- Repeat Violence Injunction – Used when someone claims they have been subjected to two or more acts of violence or stalking by another person.
- Dating Violence Injunction – For individuals who have been in a romantic or intimate relationship and allege abuse or threats.
- Sexual Violence Injunction – Filed when someone claims to have been a victim of sexual assault or other sexual-related offenses.
- Stalking or Cyberstalking Injunction – Protects individuals who allege they are being harassed, followed, or stalked online or in person.
These injunctions are civil matters, but violations can lead to criminal charges, which can permanently impact your record.
Do Restraining Orders Show Up on Background Checks?
Restraining orders and injunctions are part of public record in Florida, but whether they appear on a background check depends on the circumstances. Here’s what you need to know:
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A Civil Injunction Alone Does Not Create a Criminal Record
- If you have an injunction against you but have not been arrested or convicted of violating it, it won’t show up on a criminal background check. However, injunctions are public record and can be found in court databases.
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Employers, Landlords, and the Public Can See Court Records
- Even though an injunction is not a criminal offense, employers, landlords, and others who perform detailed background checks can find it through court records.
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A Violation of an Injunction Can Lead to Criminal Charges
- If you violate a restraining order, you can be charged with a first-degree misdemeanor under Florida Statutes § 741.31 or § 784.047. This carries penalties of up to one year in jail and a $1,000 fine. Multiple violations can lead to felony charges.
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Firearm Restrictions Apply Under Federal Law
- If a restraining order includes a firearms prohibition, it may be flagged during federal background checks, preventing the purchase or possession of firearms.
Can an Injunction Be Expunged or Sealed?
Since injunctions are civil matters, they cannot be sealed or expunged under Florida law in the same way as criminal records. However, there are ways to limit their impact:
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Petition to Dismiss or Modify the Injunction
- If circumstances change, you can file a motion to modify or dismiss the injunction. If granted, this can improve how the case appears in public records.
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Challenge the Injunction in Court
- If an injunction is based on false or exaggerated claims, it can be challenged in a court hearing. If the judge rules in your favor, the injunction won’t appear on your record.
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Request Redaction of Personal Information
- While not the same as expungement, you can request certain personal details be redacted from public records.
How Restraining Orders Affect Your Rights in Florida
A restraining order can place several legal restrictions on your life, including:
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Limitations on Where You Can Go
- You may be prohibited from going near the petitioner’s home, workplace, or school. Violating these restrictions can lead to criminal charges.
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Employment and Housing Consequences
- Some employers or landlords may be hesitant to hire or rent to someone with a history of an injunction, especially if it involves allegations of violence or harassment.
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Firearm Restrictions
- Under 18 U.S.C. § 922(g), a restraining order can prevent you from possessing or purchasing firearms. This applies even if the order is issued without a criminal conviction.
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Child Custody and Visitation Issues
- If you have children with the petitioner, an injunction can impact custody arrangements, leading to supervised visits or loss of parental rights in extreme cases.
What to Do If You Are Facing a Restraining Order
If you have been served with an injunction, taking immediate action is critical. Here’s what you should do:
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Follow the Order Strictly
- Violating a restraining order can lead to criminal charges, making your situation worse. Even if the petitioner contacts you first, any response from you can be used against you.
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Gather Evidence to Challenge the Injunction
- If the allegations are false, collect text messages, emails, witness statements, or any other evidence that contradicts the claims.
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Prepare for the Court Hearing
- You have the right to present your side in court. A well-prepared defense can result in the order being denied or modified.
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Request a Modification If Necessary
- If an injunction affects your ability to work, live, or see your children, you may be able to request a modification to the terms.
Florida Restraining Order FAQs
What is the difference between a restraining order and a criminal charge?
A restraining order, also called an injunction, is a civil order meant to prevent harassment or violence. It does not carry criminal penalties unless violated. If you are accused of violating the order, you can face criminal charges under Florida law.
Can a restraining order be removed from my record in Florida?
Unlike criminal records, injunctions cannot be expunged or sealed in Florida. However, if the order is dismissed or denied in court, it will not appear as an active injunction.
Will a restraining order show up on a job background check?
A criminal background check will not show a civil injunction, but detailed background checks that include court records may reveal its existence. Employers who review public records may see that an injunction was filed.
Can I own a firearm if I have a restraining order against me?
If the restraining order includes a firearm restriction, federal law prohibits you from possessing or purchasing a firearm while the order is active. This restriction can impact your ability to buy a gun even after the order expires.
What happens if I violate a restraining order in Florida?
Violating an injunction is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. Multiple violations can lead to felony charges and harsher penalties.
Can a false restraining order be dismissed?
Yes. If an injunction is based on false claims, you have the right to present evidence in court. If you successfully prove the allegations are unfounded, the judge can deny or dismiss the order.
How long does a restraining order last in Florida?
A temporary injunction typically lasts 15 days. If a permanent order is issued, it can last for years or indefinitely. You can request a review to modify or dismiss the order if circumstances change.
Can I contact the person who filed the injunction against me?
No. Even if they contact you first, any response on your part can be considered a violation of the order. All communication should go through your attorney.
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.