Legal Question in Family Law in Florida

Protective Order Length

6 years ago in FL I had a Protective

order against me (not criminal, no

battery or assault). I can't seem to

find the paperwork but I want to

own a handgun to protect me and

my family. I never violated the

order, in fact I don't even know

where the petitioner is anymore.

I have read that restraining orders,

even when ''permanent'', only last

at most 5 years because it is

unconstitutional to restrain a free

person indefinitely. Is this true or

does it last forever and have to

lifted by the state?

If I am wrong, what is the process

in getting one lifted and and what

is a ballpark figure in billable hours

I might be looking at?

Thank you for your time.


Asked on 2/11/09, 3:10 pm

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Protective Order Length

A duration of "life" on an injunction is not unconstitutional. If the injunction is still in place, you can file a motion to dismiss it. A lawyer will probably charge you for three or four billable hours to do this, so you're probably looking at about $600 to $1,200 or so.

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Answered on 2/13/09, 12:07 am
David Slater David P. Slater, Esq.

Re: Protective Order Length

It cannot be vacated without a court order.

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Answered on 2/12/09, 4:17 am


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