What Is a Restraining Order?

Restraining orders are often used in movies and television for comedic or dramatic effect; but, in real life, restraining orders impact people’s families and lives. Restraining orders can stop people from accomplishing their goals, prevent them from seeing loved ones, and keep them from family parties and events. In this blog post, a Miami criminal defense attorney will explain what a restraining order is and how they impact citizens.

What Is a Restraining Order?

In Florida, a restraining order is synonymous with an injunction for protection against domestic violence. Therefore, a Florida restraining order is a court document that orders the respondent to accomplish or cease certain actions.

Restraining orders can force respondents to do some of the following:

  • Stop contacting a person(s);
  • Leave home;
  • Pay temporary child support;
  • Lose temporary custody of a child;
  • Seek out counseling or treatment.

If the respondent fails to accomplish or stop actions outlined in the restraining order, he or she could face criminal charges for violating the order.

Who Can Make a Restraining Order?

Florida restraining orders are used explicitly in domestic situations.  Someone cannot make a Florida restraining order against someone else unless there is a specific relationship between the petitioner and the respondent.

Relations who qualify for submitting Florida restraining orders include:

  • Current or former spouses;
  • Relatives by blood or marriage;
  • Someone the abuser has or currently lives with;
  • A child’s other parent.

How Can I Fight a Restraining Order?

Restraining orders are easy to submit and require minimal evidence for approval. Sadly, many respondents are blindsided by restraining orders and don’t know that they can fight back. If you receive a Florida restraining order, an experienced criminal defense attorney can help you make your case!

Call (305) 330-1360 now for a free consultation for your case!

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