Miami Restraining Order Attorney
Restraining Orders in Florida - What Is a Restraining Order?
In Florida, a restraining order is synonymous with an injunction for protection against domestic violence. Often issued in the event that a person brings about accusations of domestic violence or abuse or threats of bodily harm against a family member, spouse or cohabitant (someone he or she lives with).
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. If you are served a restraining order, you will face a number of consequences - all of which a Miami restraining order attorney may be able to help you avoid.
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 Miami restraining order attorney can help you.
Florida Domestic Violence Restraining Order
A domestic violence restraining order is arguably the most complex restraining order in existence. 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.
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:
- Assault & Battery
- 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.
Injunctions Against Dating Violence
The respondent must have one of the following relationships with the petitioner:
- Had a previous relationship with the petitioner; or
- Is currently in a relationship with the petitioner; and
- The respondent cannot receive an Injunctions for Protection Against Domestic Violence order.
Florida 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.
Florida 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.
Florida 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.
Restraining Order Consequences in Florida
If a restraining order is filed against you, you may be required to leave the home that you currently share with the person who is the alleged victim in your domestic violence, spousal abuse or child abuse case. Even if you own the home or pay the rent, you will need to vacate the premises immediately and cannot come into contact with the victim or come within a certain distance of the victim.
What You Can Do About Your Restraining Order
If you have been served with a restraining order, you can take action to have the injunction dismissed. In the case of a temporary restraining order, you may be able to prevent the order from becoming permanent. An experienced Miami restraining order lawyer will be able to contest your restraining order in court and possibly have it dismissed, so you can go home and be with your family.
Getting Your Restraining Order Dismissed in FL
Your Miami restraining order lawyer at Hager & Schwartz, P.A. will work to have your restraining order dismissed by defending you against allegations that are false or not based upon any real credible evidence. In hearings for Permanent Restraining Orders, it is the petitioner (filing party) who holds the burden of proving that the respondent (responding party) has been violent (at least two times) or threatened imminent bodily harm to the point that places the petitioner in fear of her life or safety before a temporary injunction will be ordered permanent by a judge.
If a judge imposes a permanent restraining order, it can become part of your permanent record and follow you for the rest of your life! You will face even stricter penalties for a restraining order violation. Our Miami restraining order attorneys have significant experience in defending these actions and can assist if there is a pending restraining order against you.
Difference Between Restraining Order and Orders of Protection in FL
An order of protection is similar to a restraining order in that it prohibits a person from coming into contact with someone who has accused him/her of domestic violence, spousal abuse or child abuse. By working with an attorney regarding your order of protection, you have a chance to have the order lifted. An attorney will be able to petition to have the order lifted and then prove your side of the story with evidence, witness testimony and more.Sometimes a Florida court may be hasty in issuing a temporary restraining order, a restraining order or an order of protection. In the effort to protect real victims of abuse and violence, an injunction may be issued which is not based upon hard evidence, only upon the accusations of an alleged victim.
Legal Assistance with Orders of Protection in FL
Hager & Schwartz, P.A. is a law firm with locations throughout Florida. Our Miami restraining order attorneys represent defendants in criminal cases throughout the state from our office locations in Broward County, Miami-Dade County, Fort Pierce, Palm Beach and Volusia County.
When you work with a Miami restraining order lawyer at our firm regarding your order of protection, you can experience relief from the many limitations the order will enforce, including:
- Prohibition from coming into contact with the victim in any way
- Moving from your home, if it is shared with the victim
- Staying at least 100 yards away from the victim and where he/she lives and works
- Mandatory counseling
- Prohibition from purchasing a firearm
Florida law is harsh on those who have been accused of domestic violence. When you work with our Miami restraining order attorney at Hager & Schwartz, P.A. you will be treated with the respect that you deserve. We will fight to protect your rights.
Contact a Miami restraining order lawyer today at Hager & Schwartz, P.A. for legal representation
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