Restraining Order Lawyer – Orlando
Florida law allows eligible victims of domestic violence, repeat violence, dating violence, and stalking to obtain a restraining order.
A restraining order, also referred to as an injunction, is basically a stay-away order.
Although a restraining order is civil in nature, violation of a civil restraining order is a crime and subjects you to criminal penalties, including jail.
Domestic Violence Injunctions
A family or household member who is either the victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming the victim of domestic violence may petition for a domestic violence restraining order.
Repeat Violence Injunctions
A victim of repeat violence may obtain a repeat violence restraining order. Repeat violence means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.
Dating Violence Injunctions
A victim of dating violence who has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, may obtain a dating violence restraining order. Dating violence includes violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.
A victim of stalking or cyberstalking may in some cases obtain a restraining order against stalking. Stalking is the willful, malicious, and repeated following, harassing, or cyberstalking of another. Harrassment means a course of conduct directed at a victim which causes substantial emotional distress and serves no legitimate purpose. Cyberstalking means repeatedly sending electronic communication to a specific victim, which causes substantial emotional distress to the victim and serves no legitimate purpose.
If a restraining order is granted, the court can require you to take lengthy and expensive classes and forfeit weapons, including firearms. The court can also address a variety of other topics in an injunction hearing, such as use and occupancy of a residence, custody of minor children, child support, and alimony. The injuction will be part of public records and may appear in backgound checks. A restraining order can have significant consequences; and, once granted, a restraining order can be difficult to modify or dissolve.
Get Legal Help
It is highly recommended that you obtain the assistance of an attorney in a civil restraining order proceeding alleging domestic violence, repeat violence, or dating violence. A lawyer can explain the restraining order process and courtroom procedures to you. An attorney can research the considerable body of caselaw concerning the restraining order statutes for legal precedents that may help you case. An attorney can advise you of substantive and procedural defenses you may have.
In addition, an attorney can help you choose between different legal strategies and inform you of their consequences. An attorney is familiar with the rules of evidence. An attorney can help you expose possible bias and credibility issues of adverse witnesses. An attorney can passionately and effectively present your side of events to the court. For these reasons, litigants in a restraining order hearing may obtain better results by retaining the assistance of an attorney.
Call DeVoe Law Firm for cost-effective assistance with your restraining order case.