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Sunrise Possession of a Firearm or Ammo while subject to a Restraining Order Lawyers

Sunrise Possession of a Firearm or Ammo while subject to a Restraining Order Lawyers

Dealing with a weapons charge related to a restraining order can be really stressful and confusing. I feel you. Trying to navigate the legal system when your freedom is on the line is no joke. But don’t freak out just yet. There are good defense lawyers out there who can help. I wanted to give you the scoop on this type of charge in Florida, some defenses that could work, and what to expect from working with a criminal defense attorney.

The Law in Florida

In Florida, it’s illegal to have a gun or ammo if you’re the subject of a domestic violence restraining order or injunction. This law is in Statute 790.233. Basically, if a judge orders you to stay away from someone and prohibits you from using or threatening violence against them, you can’t have any firearms or ammunition while that order is active. Seems straightforward enough, but these kinds of cases can get complicated fast.There are a few key things to understand:

  • The weapon or ammo possession has to happen after the restraining order is issued. If you had the gun before the order, it’s not automatically illegal.
  • The order has to specifically state you can’t possess weapons or ammo. Not all restraining orders prohibit firearms.
  • The charge is a first-degree misdemeanor. That’s punishable by up to a year in jail. It’s serious.
  • There are exceptions, like if the weapon is surrendered to law enforcement. But you have to follow the procedure outlined in Statute 790.233.
  • Federal law may also prohibit weapons possession for someone subject to a domestic violence protective order. That can lead to additional charges.

So if you’re charged under this statute, a lot will depend on the specifics of your situation – the timing, what the order said, what you actually did, etc. An experienced criminal defense lawyer will need to review everything closely.

Possible Defenses

There are a number of defenses that could potentially apply to a 790.233 weapons charge:

  • You didn’t know about the order. If you didn’t have proper notice that the restraining order prohibited weapons, you may not have “knowingly” violated the statute. Your lawyer can argue you didn’t intentionally break the law.
  • The order was improper or invalid. If there were flaws in how the restraining order was issued or handled, that could make it invalid. Possession of weapons may not be illegal in that case.
  • You took steps to comply. If you turned over weapons to law enforcement or made reasonable efforts to do so, it shows you didn’t “knowingly” violate the order.
  • The weapon wasn’t yours. If someone else left a gun at your house or you briefly handled it without taking ownership, you may not have actually possessed the firearm.
  • You qualify for an exemption. There are certain exemptions – like having the weapon at your business – that could apply.

Your attorney will look at every angle of your case to figure out what defense gives you the best chance of beating the charges. Don’t just plead guilty without exploring your options first.

Working with a Defense Lawyer

If you’re facing charges under Statute 790.233 or any other weapons offense, having an experienced criminal defense lawyer on your side is critical. Here’s what you can expect:

  • They’ll review the restraining order paperwork to see if the firearms prohibition was valid.
  • They’ll determine if you actually violated the order or qualify for any exemptions.
  • They’ll request evidence from the prosecution and scrutinize every detail.
  • They’ll interview witnesses to challenge their accounts.
  • They’ll work to get charges reduced or dismissed through plea negotiations.
  • They’ll keep you informed and explain your legal options.
  • They’ll vigorously defend you in court hearings and at trial.

A good lawyer understands Florida’s firearms laws and how to approach these types of cases. Don’t leave your defense to chance – get professional legal help.

Finding the Right Lawyer

So how do you find a qualified, experienced criminal defense attorney? Here are some tips:

  • Ask people you trust for referrals. Friends, family members, or colleagues may know a good lawyer.
  • Check online reviews. Look for lawyers with consistently positive reviews. But make sure they have expertise with firearms charges specifically.
  • Confirm they handle cases in your area. You want someone familiar with the local courts and prosecutors.
  • Ask about experience. Find out how many similar cases they’ve handled and what results they’ve gotten. Look for at least 5+ years of experience.
  • Make sure they have resources. Big weapons cases often have motions, hearings, and lots of evidence. See if the lawyer has the staff and resources to handle the workload.
  • Meet them in person. Schedule a consultation to talk face-to-face and make sure it’s a good fit. Trust your gut.

Finding the right criminal defense lawyer takes research, but it’s time well spent. An experienced attorney can make all the difference in how your case turns out.

What to Expect Cost-Wise

The cost of a criminal defense lawyer can vary quite a bit based on experience, location, and the complexity of your case. Some ballpark figures:

  • For a misdemeanor, fees might start around $1,500 – $3,000.
  • For a felony, fees could start at $5,000 – $10,000.
  • Complex cases with lots of motions and hearings will be more.
  • Going to trial will increase the overall cost.

Many lawyers offer free consultations, so you can get case-specific estimates. They may also let you setup a payment plan if needed. Don’t let the potential cost deter you from getting good legal representation. It’s worth it.

Getting Help Now

Dealing with a criminal charge related to a restraining order can be overwhelming. But you don’t have to handle it alone. An experienced defense lawyer can protect your rights, clearly explain your options, and fight to achieve the best possible outcome.If you or a loved one is facing a weapons possession charge in Florida, don’t wait to get legal help. The sooner you have expert representation, the better. Consult with a seasoned criminal defense attorney right away to start building your defense. This is not the time for amateurs. You need someone who knows these laws and prosecutors inside out.With an experienced lawyer on your side, you can have confidence that your case is getting the absolute best defense possible. Don’t leave your future to chance. Get the professional legal help you need and breathe a little easier knowing you’ve got a seasoned pro fighting for you. You’ve got this!


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I hope this gives you a good overview of the law, defenses, and finding legal help if you’re facing one of these charges in Florida. Don’t panic, get proactive and consult with an experienced criminal defense attorney right away. You’ve got options and skilled lawyers who can help protect your rights. Stay strong!

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