There are few things in this world that are unacceptable on every level, and one of those things is domestic violence. The legal ramifications of proven domestic violence are extreme for a reason, and they will almost always include a Restraining Order and/or jail time. Restraining Orders are free to file and will establish a precedence for further legal action. Breaking a Restraining Order is a serious offense and the courts in Florida will punish offenders with jail time.
What type of action would constitute a Restraining Order?
- Battery is not the only type of domestic violence that constitutes a Restraining Order. Malicious destruction of property, assault, threats, kidnapping, sexual misconduct/lewdness, criminal mischief/sexual contact, burglary, criminal trespass, harassment, and stalking are all examples of actions constituting a Restraining Order. If you are unsure you are suffering from domestic violence or not, contact a state bar certified Family Law Attorney like Mark E. Sawicki, P.A. to discuss the situation.
How do Restraining Order’s effect relationships?
- Drastically. Restraining orders are easy to apply, however, they should only be used as a last resort against a loved one or family member. Restraining orders can affect child custody and cause lifelong problems for children. It is important to understand there are more parties involved with a restraining order than just the offender and victim. Get to the bottom of the story with facts before moving forward. In cases of proven violence, call the police and a qualified Family Law Attorney immediately to discuss the specifics of the situation.
What happens if someone violates a Restraining Order?
- The penalties for violating a Restraining Order are severe. Although Restraining Orders are a civil matter, violating the injunction will often result in criminal charges. Jail time is not necessarily the first choice for violating a restraining order because each subsequent violation leads to more severe punishment. If you believe someone might be violating a restraining order, contact a qualified Family Law Attorney to discuss possible options. If there is a threat of imminent violence, call the police.
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Restraining Orders in Florida should be used as a deterrent for domestic violence. Although it is easy to petition the courts for a Restraining Order, the effects can last a lifetime. Before considering petitioning for a Restraining Order, contact a state bar certified Family Law Attorney like Mark E. Sawicki, P.A. to discuss possible options. Sometimes people get wrapped up in the heat of the moment and file a restraining order out of spite. These situations can lead to a long court struggle to lift the restraining order because the threat of violence was exaggerated at the time of filing. Letting a professional examine the case before it hits the courts can alleviate these problems before they occur.