Domestic Violence Restraining Orders (How to Get One)

by | Jun 24, 2016 | Firm News, Florida Family Law

Domestic Violence is a problem that must be dealt with in order to stop it from occurring again. The best option for immediate, legal action to Domestic Violence is to call the police. After the police have sorted the situation, the next thing to do is file for a Domestic Violence Restraining Order. If you are aware of an immediate threat of Domestic Violence, a restraining order may be issued prior to any violence taking place, but the injunction may not be granted with no evidence. The initial Petition for Protection Against Domestic Violence, restraining order, will usually be reviewed within hours by a judge to determine whether an injunction will be granted or not. If a Restraining Order Injunction is ordered, the Sheriff will deliver the petition to the respondent who will then be ordered to leave the residence. It will then be illegal for the respondent to return to the residence until the domestic violence injunction is lifted. It is best to contact a qualified Family Law Attorney to discuss the details of obtaining a Domestic Violence Restraining Order or removing a Domestic Violence Restraining Order.

Do you have to be married to get a Domestic Violence Restraining Order?

  • You do not have to be married to get a Domestic Violence Restraining Order. Anyone who has a relationship, from boyfriend/girlfriend to casual romances, can apply for a Domestic Violence Restraining Order. Acts of violence should never be tolerated between individuals, no matter the relationship.

How does someone go about getting a Domestic Violence Restraining Order in Florida?

  • Contact a professional Family Law Attorney in your area. Many people make the mistake of contacting a Criminal Law Attorney which will cause an assortment of other issues. There are 4 distinct types of Domestic Violence Restraining Orders in Florida-Domestic, Repeat, Dating, and Sexual Violence. Each form is aimed at protecting against violence as a civil proceeding in a specific way. A qualified Family Law Attorney can help define each specific Injunction.

How long does a Domestic Violence Restraining Order last in Florida?

  • It depends on the case. Domestic Violence Restraining Orders follow a strict procedure in Florida. First, the petition for Domestic Violence Restraining Order is presented to a judge to consider whether an ex parte temporary injunction will be issued. This injunction is valid for 15 days and if issued, an evidentiary hearing will be held within the 15 day period. After the evidentiary hearing is held, a final judgement will be made, known as a permanent injunction, and will remain in effect until modified or dissolved by the court. This is why it is important to contact a qualified Family Law Attorney immediately following any notice of Domestic Violence Restraining Order petition. There is a short period of time in which the court will act, and not having proper legal representation will lead to negative outcomes.

Contact Our Family Law Attorney in Ft. Lauderdale Today!

There is more to Domestic Violence than just hitting someone. Domestic violence includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death. All of these things need immediate, legal attention if they are occurring in any capacity. If you want to file a Domestic Violence Restraining Order in Florida, contact the Law Offices of Mark E. Sawicki, P.A. immediately. Rushing without legal counsel can lead to poor decisions.