Understanding Restraining Orders in Florida and Their Lasting Impact
Restraining orders, also known as injunctions for protection in Florida, are issued by courts to protect individuals from alleged threats, harassment, or harm. While these orders serve an important purpose, they can have long-lasting effects on your record. Many people assume that once the restraining order expires, it disappears from their history, but that is not always the case. The length of time a restraining order stays on your record depends on several factors, including whether the order was temporary or permanent, whether it was dismissed, and whether it resulted in criminal charges.
If you have been issued a restraining order, understanding the legal consequences and your options for removal is essential.
What Is a Restraining Order in Florida?
Under Florida Statutes § 741.30, a restraining order, or injunction for protection, is a court order that prohibits one person from having contact with another. These orders are often issued in cases involving alleged domestic violence, stalking, repeat violence, or threats of harm.
Restraining orders can impose strict conditions, such as:
- Prohibiting all contact with the petitioner (the person requesting the order)
- Requiring the respondent (the person subject to the order) to stay a certain distance away
- Restricting access to shared property or children
- Forbidding the possession of firearms
Violating a restraining order is a serious offense and can result in criminal charges under Florida Statutes § 784.047.
Types of Restraining Orders and Their Duration
The length of time a restraining order stays on your record depends on the type of order issued and its final disposition.
1. Temporary Restraining Orders (TROs)
Temporary restraining orders are issued before a full hearing takes place. These are typically valid for 15 days, after which the court will hold a hearing to determine whether to issue a permanent order.
If the court does not extend the TRO, it will expire, but a record of its issuance may still exist.
2. Final or Permanent Restraining Orders
If the court grants a permanent restraining order after a full hearing, it may remain in effect for a set period or indefinitely, depending on the circumstances. In some cases, restraining orders are issued for six months, one year, or even indefinitely if the court believes there is an ongoing threat.
Permanent restraining orders stay on public records unless the respondent successfully petitions to have them vacated or sealed.
3. Dismissed or Denied Restraining Orders
If a restraining order is dismissed, denied, or expires, it does not mean it automatically disappears from the record. Even if the court finds no grounds to issue a permanent order, the initial petition and proceedings may still show up in background checks and court records.
How a Restraining Order Affects Your Criminal Record
Even if a restraining order itself is a civil matter, it can still have serious legal consequences.
1. Background Checks and Public Records
Restraining orders appear in public court records, meaning that potential employers, landlords, and law enforcement agencies can access this information. While a restraining order is not the same as a criminal conviction, it can still impact your reputation and future opportunities.
2. Impact on Gun Rights
Under Florida Statutes § 790.233, anyone subject to a restraining order cannot legally possess or purchase a firearm while the order is active. Even after the order expires, the history of the injunction may complicate future firearm ownership rights.
3. Violation of a Restraining Order
If you are accused of violating a restraining order, the legal consequences become far more severe. A violation is classified as a first-degree misdemeanor, punishable by:
- Up to one year in jail
- Up to one year of probation
- Fines up to $1,000
If the violation involves additional crimes, such as stalking or assault, felony charges may apply, leading to longer prison sentences.
Can a Restraining Order Be Removed from Your Record?
A restraining order does not automatically disappear from your record once it expires or is dismissed. However, there are legal options to have it removed or sealed.
1. Petition to Vacate the Order
If circumstances have changed or if the restraining order was based on false allegations, you may petition the court to vacate the order. If granted, this removes the active restrictions and may improve your chances of sealing the records.
2. Expungement or Sealing of Restraining Order Records
Florida law does not allow criminal expungement of restraining orders since they are considered civil matters. However, if the order was denied or dismissed, you may request to have the records sealed so they are no longer publicly accessible.
To qualify for sealing:
- The restraining order must have been dismissed, denied, or expired.
- You must not have any related criminal convictions.
How Long Does a Restraining Order Stay on My Record?
If a restraining order was denied or dismissed, the record will remain in court files unless sealed. This means it could show up on background checks indefinitely.
If a restraining order was granted, it will stay on your record for the duration of the order. After expiration, it remains in public records unless you take action to remove it.
If a restraining order led to a criminal conviction (such as a violation charge), that conviction will stay on your criminal record permanently unless eligible for expungement.
Florida Restraining Order FAQs
How long does a restraining order last in Florida?
The length of a restraining order depends on whether it is temporary or permanent. Temporary orders last 15 days, while final orders can last six months, one year, or indefinitely, depending on the court’s ruling.
Does a restraining order show up on a background check in Florida?
Yes. Even though restraining orders are civil matters, they can appear in public court records and background checks. Employers, landlords, and law enforcement may see the order unless it is sealed by the court.
Can a restraining order be removed from my record?
If the restraining order was dismissed or denied, you may petition to have it sealed. If it was granted, it will remain in court records unless you successfully file a motion to vacate.
What happens if I violate a restraining order in Florida?
Violating a restraining order is a first-degree misdemeanor, punishable by up to one year in jail, probation, and fines up to $1,000. If the violation involves a new crime, felony charges may apply.
Will a restraining order affect my ability to own a gun in Florida?
Yes. Under Florida Statutes § 790.233, individuals with active restraining orders cannot own or purchase a firearm. Even after the order expires, the history of the injunction may impact future firearm rights.
Can I be fired from my job because of a restraining order?
A restraining order can appear on background checks, which may affect employment, especially in jobs requiring security clearances or professional licenses. Some employers may have policies that terminate employees with protective orders against them.
Does a restraining order expire automatically?
Yes, restraining orders expire on their own unless they are extended by the court. However, the record of the order does not automatically disappear.
Can someone file a false restraining order against me?
Yes, false allegations can happen. If you are falsely accused, gathering evidence, witness statements, and legal representation is critical to getting the order dismissed or vacated.
How do I fight a restraining order in Florida?
You can challenge a restraining order at a court hearing by presenting evidence, witnesses, and inconsistencies in the accuser’s statements. A strong legal defense can lead to dismissal.
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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.