Domestic Violence & Injunctions

Do I need a lawyer for a restraining order hearing?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
It's strongly advisable, particularly if a criminal case is pending — because your testimony there can be used against you.

You're permitted to represent yourself, and many people do. Whether that's wise depends on what's at stake.

Where counsel matters most: when a criminal case is pending or possible. There is no immunity at an injunction hearing. Testifying about the underlying events creates a sworn record that prosecutors can obtain and use. People have substantially damaged their criminal defense by explaining themselves at an injunction hearing.

Also where it matters: where a final injunction would affect your firearms, your employment, a professional license, a security clearance, or custody of children.

What a lawyer does here: prepares and presents your evidence, cross-examines, keeps your testimony within safe bounds, and where appropriate advises against testifying at all.

The hearing is short, which makes it feel minor. Its consequences aren't.

If there's a criminal case, don't walk into this hearing alone. ---

Talk to an Attorney — Free

An answer on a page isn't the same as advice about your case. Talk to an attorney who handles these matters on the Treasure Coast — free and confidential.

This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.