Who Can Obtain a Restraining Order?

When someone feels threatened by someone else’s presence, obtaining a restraining order is often their first-and-only line of defense. However, not just anyone can obtain a restraining order for any reason. In this blog post, a Miami criminal defense attorney will determine when someone could obtain a Florida restraining order.

Restrictive Restraining Orders

Some restraining orders are only available to petitioners (the people who are filing the restraining order) with specific relationships to the respondents (the person the restraining order is filed against.)

Florida restraining orders that are available exclusively to a specific group of people include:

  • Injunctions for Protection Against Domestic Violence-

The respondent must have one of the following relationships with the petitioner:

  1. Current or former husband or wife;
  2. Any person related to the petitioner by blood;
  3. Any current or past housemates;
  4. A parent of the petitioner’s child.
  • Injunctions Against Dating Violence-

The respondent must have one of the following relationships with the petitioner:

  1. Had a previous relationship with the petitioner; or
  2. Is currently in a relationship with the petitioner; and
  3. The respondent cannot receive an Injunctions for Protection Against Domestic Violence order.

However, some restraining orders can be made regardless of the relationship the petitioner has with the respondent.

Restraining Orders Available to Anyone

Some Florida restraining orders require no prior relationship status between the petitioner and the respondent. For example, anyone can file an Injunction for Protection Against Stalking order against someone else if the respondent is stalking the petitioner. Additionally, anyone can submit an Injunction Against Repeat Violence if he or she has suffered two “acts of violence” by the respondent.

Need to Fight a Restraining Order?

If someone obtains a restraining order against you, it could impact your work, family, and financial situations. Therefore, it’s always recommended to fight an order obtained against you. If you or a loved receives a restraining order, Hager & Schwartz’ restraining order attorneys can help.

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