Restraining Orders — Injunctions for Protection
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No Charges Filed
Aggravated Assault
Charge: Aggravated assault arising from an alleged drive-by shooting
Court: Bay County
Outcome: The client faced the possibility of a lengthy mandatory prison sentence. Following discussions with prosecutors and law enforcement, no charges were filed.
Negotiated Plea
DUI Manslaughter
Charge: DUI manslaughter
Court: Bay County
Outcome: The client faced up to 15 years in prison and permanent loss of driving privileges. The matter was resolved by negotiated plea to probation, with eligibility for a hardship license.
Not Convicted
Sexual Battery
Charge: Sexual battery
Court: Bay County
Outcome: The client, who holds a professional license in Florida, faced up to 15 years in prison and mandatory sex offender designation. The charge was reduced, over the objection of the complainant, to simple battery, a misdemeanor. The client was not convicted of any criminal offense, was not designated a sex offender, and returned to work with their professional license intact.
Not Convicted
Violation of Probation
Charge: Violation of probation, second violation. Alleged failure to report, a new battery offense, failure to complete DUI school, and failure to complete court ordered community service.
Court: Bay County
Outcome: The client was not convicted.
Not Convicted
Violation of Probation
Charge: Violation of probation. Alleged failure to report and a new felony offense of obtaining a controlled substance by forgery, while serving probation for multiple counts of obtaining a controlled substance by fraud, forgery, and criminal use of personal identification.
Court: Bay County
Outcome: The client was not convicted.
Restraining Orders in Panama City
Injunctions for Protection and How to Fight Them
In Florida, what most people call a restraining order is formally an Injunction for Protection. It can be issued on an emergency basis — without notice to you, without you being present, and based solely on the petitioner’s sworn account — within hours of an allegation. By the time you are served, you may already be ordered out of your home, prohibited from all contact with your spouse or partner, and required to surrender your firearms.
This is not just a civil matter. A Final Injunction creates a permanent record, appears on background checks, results in the permanent loss of firearm rights under federal law, can affect child custody proceedings, and can affect professional licences. And unlike a domestic violence conviction — which cannot be expunged — an injunction that is dismissed or vacated may be sealable in some circumstances. Getting the outcome right matters enormously.
Rusty Shepard is a former Assistant State Attorney, FACDL 14th Circuit Chapter President, and former President of the Bay County Criminal Defense Bar. He has appeared at Final Injunction hearings in Bay County for over 25 years, knowing how these proceedings work — and how to fight them effectively.
The Five Types of Injunctions for Protection in Florida
- Domestic Violence Injunction (§ 741.30) — the most common. Requires a qualifying family or household relationship, plus an allegation of a predicate act of domestic violence or credible threat.
- Dating Violence Injunction (§ 784.046) — requires a significant romantic or intimate relationship (not casual acquaintance), plus an act of violence or credible threat within the last 6 months.
- Repeat Violence Injunction (§ 784.046) — two or more acts of violence or stalking by the same person within 6 months, with no qualifying domestic or dating relationship required.
- Sexual Violence Injunction (§ 784.046) — any act of sexual violence, regardless of relationship. Can be filed alongside or independently of criminal charges.
- Stalking Injunction (§ 784.0485) — pattern of harassing or cyberstalking conduct causing substantial emotional distress. Does not require a prior relationship.
Temporary vs Final Injunction — The Critical Distinction
Temporary Injunction for Protection (TRO): Issued ex parte — without you present — based solely on the petitioner’s sworn statement. Takes effect immediately on service. Imposes no-contact, may order you to vacate your home, and requires firearm surrender. Cannot be appealed immediately.
Final Injunction for Protection (FRO): Issued after a full hearing at which both sides present evidence. The petitioner must prove by a preponderance of evidence that domestic violence occurred and an injunction is necessary for future protection. This is your one opportunity to challenge the injunction before it becomes permanent. Rusty Shepard prepares for these hearings as though they are trials — because functionally, they are.
How Rusty Shepard Fights Injunctions
- Subpoena all digital communications — text messages, emails, social media, and dating app conversations frequently show the actual nature of the relationship and contradict the petitioner’s account
- Cross-examine the petitioner on inconsistencies — the initial petition and subsequent sworn testimony frequently differ in ways that undermine credibility
- Challenge the predicate act — if the alleged act did not constitute domestic violence under Florida Statute § 741.28, the basis for the injunction fails
- Establish the petitioner’s motive — financial leverage in divorce proceedings, custody advantage, or vindictiveness following a breakup are common drivers of false or exaggerated injunction petitions
- Argue proportionality — even where some form of conflict occurred, a permanent injunction may not be necessary for the petitioner’s protection
The Firearms Consequence — What Most People Don't Know
A Final Domestic Violence Injunction triggers an immediate federal prohibition on owning or possessing any firearm or ammunition under 18 U.S.C. § 922(g)(8) while the injunction is in effect. A domestic violence conviction — even a misdemeanour — triggers the permanent Lautenberg Amendment ban under § 922(g)(9). These are not the same. An injunction can be dissolved; a conviction’s firearms ban cannot. This distinction is one of the most important strategic considerations in any domestic violence case.
Served with a restraining order in Panama City or Bay County? Call Shepard Law at (850) 290-2505. Former ASA. Free consultation. Available 24/7. The Final Hearing is your one chance to fight it.
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CLIENT FEEDBACK
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Highly Recommended
“This firm got my case dismissed and I didn’t have to spend a single day in court.”
– King R.
Personable and understanding
“Rusty is very personable and accommodating. He made himself available on short notice and met with me after hours. He told me not to worry and got everything dismissed in court this morning! Thank you Rusty and Lisa!!!”
– Lauren
Sweetest, kindest, most Professional #1
“Mr. Shepard and his staff are amazing! They went above and beyond to help me. I would not want anyone else on my team! I am young and despite that, he made sure that the judge saw me as a person and not just a young person. He and his office even spent extra time with me and attended to every single thousand question that I had. They could not get a better rating 10 stars!!”
– Jessica
Absolutely Recommend
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– Vanessa M.
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“My wife and I found out on a Monday that we needed a Defense Attorney on Tuesday for a family situation. I called the office and Megan quickly contacted Rusty and he reassured us that he would be at court on Tuesday and he would take care of everything. Those words were the most comforting we’ve heard as this came up not long after Hurricane Michael. Rusty and his office has no idea how much he helped us and how much we appreciate their quick response. Thank you will never cover how much you guys mean to us.”
– Craig E.
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