When we consider restraining orders, we typically think of a “one size fits all” document that prevents someone from contacting or interacting with another person; however, restraining orders are more complicated than that. In this blog post, a Miami restraining order attorney will review the various kinds of restraining orders available to Florida residents.
Why Are There Several Types of Restraining Orders?
There are many reasons people file restraining orders, and Florida lawmakers created several kinds of restraining orders to depict the creators’ needs accurately. In a roundabout kind of way, the different types of restraining orders narrow down the needs of the petitioner (the one who creates the restraining order) of the order.
For example, a Domestic Violence restraining order can apply to the petitioner as well as the petitioner’s minor children. However, a Stalking Violence restraining order only applies to the petitioner, and no one else.
Restraining orders take away the rights of the respondent, which is another reason why there are several types of orders. Some restraining orders are less restricting of the respondent’s rights, while other restraining orders highly restrict the respondent’s rights. Therefore, the right restraining order* should be used for the right circumstances.
*Unfortunately, many people erroneously create restraining orders. If you or a loved one receive a restraining order believed to be erroneous in nature, a criminal defense attorney can help you.
Several Kinds of Restraining Orders
Domestic Violence Restraining Order
A domestic violence restraining order is arguably the most complex restraining order in existence.
The petitioner of a Domestic Violence restraining order must have one of the following relationships with the respondent:
- Spouse or former spouse;
- A person related by blood or marriage;
- Individuals who have or currently reside together as a family; or
- Individuals who have a child in common.
Examples of when a Domestic Violence restraining order should be used include:
- Aggravated assault;
- Aggravated battery;
- Sexual assault;
- Sexual battery;
- Aggravated stalking;
- False Imprisonment;
- Any criminal offense resulting in physical injury or death to the petitioner or any of the petitioner’s family.
A Domestic Violence restraining order injunction can prohibit the Respondent from some of the following:
- Going within 500 feet of the Petitioner’s place(s) of employment or school;
- Going within 500 feet of any place the Petitioner lives;
- Contacting the Petitioner by mail, telephone, through another person, or in any other manner;
- Knowingly and intentionally going within 100 feet of the Petitioner’s motor vehicle;
- Defacing or destroying the Petitioner’s personal property;
- Going within 500 feet of the Petitioner’s minor children’s frequently visited areas;
- Living in a home owned by the Petitioner and the Respondent.
As you can see, a Domestic Violence restraining order is highly inclusive and infringes on many of the Respondent’s rights. However, a Domestic Violence restraining order isn’t right for every situation, which brings us to the Stalking Violence restraining order.
Stalking Violence Restraining Order
A Stalking Violence restraining order is meant for a Respondent who is harassing or following the Petitioner over some time.
A Petitioner should use a Stalking Violence restraining order when the Respondent’s harassment, cyberstalking, or aggravated stalking is causing:
- Emotional distress; or
- Reasonable fear of safety due to threats.
A Stalking Violence restraining order injunction can prohibit the Respondent from the following actions:
- Going within 500 feet of any place Petitioner lives, or to any specified place regularly frequented by Petitioner and any named family members or individuals closely associated with Petitioner;
- Going within 500 feet of the Petitioner’s place(s) of employment or the school that the Petitioner attends;
- Contacting the Petitioner by telephone, mail, e-mail, in writing, through another person, or in any other manner;
- No care, custody, possession, or control of any firearm or ammunition;
- Knowingly and intentionally going to or within 100 feet of Petitioner’s motor vehicle, whether occupied or not;
- Any terms that are necessary to protect the Petitioner from stalking.
Repeat Violence Restraining Order
This restraining order is used when there have been two acts of violence or stalking on two separate occasions, and one must have been within the past six months. These types of restraining orders are best used for relationships that are non-domestic or non-dating in nature.
The injunction terms of a Repeat Violence restraining order are like the terms of the Stalking Violence restraining order.
Sexual Violence Restraining Order
A Sexual Violence restraining order is arguably the most specific restraining order available to Florida citizens.
A Petitioner of a Sexual Violence restraining order must have suffered one of the following acts from the Respondent:
- Sexual battery;
- A Lewd or lascivious act committed in the presence of or on a person younger than 16;
- Luring or enticing a child of the Petitioner;
- Sexual performance by a child of the Petitioner;
- Any other forcible felony wherein a sexual act is committed or attempted.
Additionally, the petitioner must have reported the act to law enforcement, and the petitioner and the respondent must not have a relationship that meets the statutory definition of family. The injunctions of a Sexual Violence restraining order are like the injunctions of a Stalking Violence restraining order.
Have You Received a Restraining Order?
If you or a loved one received a restraining order you don’t agree with; an experienced criminal defense attorney can help you fight against its existence. If you want representation, Hager & Schwartz is ready to defend your rights!Call (305) 330-1360 now for a free consultation for your case!