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Published at March 1, 2021 by administrator.
Staying safe is a fundamental right that we all have. When domestic situations deteriorate into unsafe conditions, you need to take control. In Florida, you can file various types of petitions to help maintain your safety, depending on your specific situation. Domestic violence, dating violence, sexual violence, and cyber threats are all serious situations that the courts can help you file a domestic violence restraining order in.
The courts specify a domestic violence restraining order when the violence involves spouses, former spouses, people who are related, related by marriage such as in-laws, persons living with one another, and persons who have children in common.
A domestic violence restraining order helps protect the party subject to the other party’s violence or threats.
Domestic violence is an ongoing issue throughout the United States, with 1 in 4 women and 1 in 7 men reporting experiencing some sort of violence in their relationships. Police are there to help prevent these issues when possible. Having a restraining order in the court system allows the authorities to enforce the distance needed to keep a party safe from another party.
Anyone who feels they are the victim of an act of domestic violence can file an order. The court can issue a temporary order for two weeks while reviewing evidence to decide if they will issue a full restraining order.
Some situations where people use a domestic violence restraining order include:
The above situations are not a complete list. If you believe you are the victim of some form of abuse, it is vital to reach out to an attorney or law enforcement to start the process of a restraining order. Through the process, you can get relief from threats, physical harm, and mental abuse in whatever form you are experiencing.
The Florida Department of Children and Families offers many resources for individuals seeking more information on domestic violence. You can also contact the National Domestic Violence Hotline at (800) 799-7233 or 800-799-SAFE. The national hotline also offers a free live chat!
While your attorney is there to help you with the domestic violence restraining order process, it can also help if you understand the step-by-step process and prepare yourself. Filing a restraining order can be very emotionally taxing, but it is worth it if it is necessary to keep yourself safe.
There are four main steps in the restraining order process:
1. Petition Filed – Either you or your attorney will file a petition with the court asking for the restraining order. You will present the evidence you have on why they should issue the restraining order.
2. Temporary Order – Because of the dangerousness surrounding a restraining order situation, the court can issue a temporary order if they feel there is enough evidence. This order is only temporary and does not provide long-term protection. It is to give the court time to have a legal hearing and the respondent time to present their case.
3. Petition Served to Respondent – The court will work with the local Sheriff’s office to serve the respondent with the temporary restraining order and court date. The respondent doesn’t need to show up to the court hearing for the restraining order to be issued, but the court will do its due diligence to serve the respondent.
4. Restraining Order Hearing – At the full hearing, both sides will present their case. If you have an attorney, they will provide pictures, arrest documentation, text message copies, and any other information that shows why you should get the domestic violence restraining order against the person. If the respondent participates in the hearing, they can provide their proof or dispute any evidence you provide.
The result of your hearing will be the issuance of a permanent restraining order. These orders typically last between 1 to 5 years, depending on the circumstances. The judge will also set any specific stipulations regarding your situation.
Having an attorney walk you through the process can be extremely helpful but is not necessary. Anyone can go to the courthouse and request a hearing for a domestic violence petition. The judge will look at the facts in the case and determine if the restraining order should be assigned.
An attorney can help walk you through this process and build your case for a better chance of having the domestic violence restraining order issued.
Your attorney knows the step-by-step process and can give you peace of mind that your situation meets the requirements. When you hire an attorney, they work as your agent and help you understand the paperwork and legal procedures involved in a restraining order.
Your attorney is on your side and can offer you other options and assistance if your situation also needs custody issues with children decided on, and divorce proceedings started.
Stafford Law Firm is here to help you with getting a domestic violence restraining order. Calling today is easy and will help to maintain your safety. Once the restraining order is in place, it will have rules about visitation with children, surrendering firearms, and possibly a batterers’ intervention program or counseling.
If you become aware that the other party is not following through with the court order, you can contact the police for assistance or call your attorney right away. The domestic violence restraining order is there to protect you and will be enforced fully by the local authority and the Sheriff’s offices.
If the other party does not follow the order, you can call 911 and report the violation and get immediate help. If the breach is not an emergency, you can contact your lawyer or call the courthouse to file a Violation Affidavit.
Contact the Stafford Firm for a free consultation today! We can walk you through the process of getting a domestic violence restraining order.We are open Monday – Friday from 9 am to 5 pm. You can reach us by calling (561) 540-4533 or visiting us at 2290 10th Avenue North, Suite 302, Lake Worth, Florida 33461
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