Restraining Orders — Injunctions for Protection
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Domestic Violence
Restraining Orders
- Assault
- Battery
- Bulgary
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- DUI
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- Misdemeanors
- Theft Crimes
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No Charges Aggravated Assault
ALLEGATION: Client arrested for drive-by shooting and was facing the possibility of a minimum mandatory 15 year prison sentence under Florida’s 10-20-Life Law. RESULT: After consulting with with prosecutors and law enforcement NO CHARGES WERE FILED.
Negotiated Plea DUI Manslaughter
ALLEGATION: Client charged with DUI Manslaughter. Client faced up to 15 years prison and a permanent loss of his drivers’ license. RESULT: Client entered negotiated plea to probation and is eligible to drive with a hardship license.
Not Convicted Sexual Battery
ALLEGATION: Client who holds a professional certification and license with the State of Florida was accused of Sexual Battery with the possibility of 15 years prison and mandatory “Sexual Offender” designation. Arrest was reported in the Panama City News Herald. RESULT: Charge reduced without consent of victim to simple battery (misdemeanor). Client NOT CONVICTED of any criminal offense and not designated a Sexual Offender. Client able to return to work without loss of professional certification and license
Client NOT CONVICTED Violation of Probation
ALLEGATION: Client violated probation for a second time by failing to report (“absconding”), committing a new crime of Battery, not completing DUI school and failing to complete court ordered community service hours.
Not Convicted Violation of Probation
ALLEGATION: Client violated probation by failing to report (“absconding”) and committing a new felony of Obtaining a Controlled Substance by Forgery. Client was on probation for 7 counts of Obtaining a Controlled Substance by Fraud, 6 counts of Forgery, and 6 counts of Criminal Use of Personal Identification.
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.
Criminal Defense
Domestic Violence
Restraining Orders
- Assault
- Battery
- Bulgary
- Drug Crimes
- DUI
- Expungement
- Juvenile Crimes
- Misdemeanors
- Theft Crimes
- Robbery
- Sex Crimes
- Warrants
- Violation of Probation
- Violent Crimes
- White Collar Crimes
No Charges Aggravated Assault
ALLEGATION: Client arrested for drive-by shooting and was facing the possibility of a minimum mandatory 15 year prison sentence under Florida’s 10-20-Life Law. RESULT: After consulting with with prosecutors and law enforcement NO CHARGES WERE FILED.
Negotiated Plea DUI Manslaughter
ALLEGATION: Client charged with DUI Manslaughter. Client faced up to 15 years prison and a permanent loss of his drivers’ license. RESULT: Client entered negotiated plea to probation and is eligible to drive with a hardship license.
Not Convicted Sexual Battery
ALLEGATION: Client who holds a professional certification and license with the State of Florida was accused of Sexual Battery with the possibility of 15 years prison and mandatory “Sexual Offender” designation. Arrest was reported in the Panama City News Herald. RESULT: Charge reduced without consent of victim to simple battery (misdemeanor). Client NOT CONVICTED of any criminal offense and not designated a Sexual Offender. Client able to return to work without loss of professional certification and license
Client NOT CONVICTED Violation of Probation
ALLEGATION: Client violated probation for a second time by failing to report (“absconding”), committing a new crime of Battery, not completing DUI school and failing to complete court ordered community service hours.
Not Convicted Violation of Probation
ALLEGATION: Client violated probation by failing to report (“absconding”) and committing a new felony of Obtaining a Controlled Substance by Forgery. Client was on probation for 7 counts of Obtaining a Controlled Substance by Fraud, 6 counts of Forgery, and 6 counts of Criminal Use of Personal Identification.
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“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
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“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
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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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