Stuart Restraining Order Attorneys
Helping Clients Pursue Protection from Abuse Through Injunctions
You can seek an injunction for protection (restraining order) if you are a victim of domestic violence. The restraining order is a legal means for keeping you safe from current or threatened abuse. The person who has harmed you will be prohibited from engaging in certain behaviors and may be ordered to take specific actions, such as surrendering firearms. Depending on your situation, the court may grant a temporary restraining order that is effective immediately. Whether you get a temporary restraining order, you will be scheduled for a hearing where you and your abuser may present your cases.
Seeking a restraining order in Stuart can be complicated, emotional, and frightening. You must navigate various steps and submit evidence supporting your arguments that protection from your abuser is warranted. You do not have to go through this alone. A family law attorney can help.
At ADL Law, P.A., our Stuart restraining order lawyers are committed to helping clients request the protection they need from harmful situations. We can assist you at every stage of the process.
How an Injunction Works in Florida
A restraining order legally protects domestic violence victims from continued or future abuse. If a court approves the order, the restrained person (the person the order is issued against) is prohibited from harming, threatening, or stalking the protected individual.
The court may make various other orders on the restrained person, including, but not limited to, the following:
- Staying at least 500 feet away from the protected person’s home, work, school, or other places they frequent
- Not contacting the protected person
- Attending counseling, treatment, and/or a batterers’ intervention program
- Relinquishing firearms
- Moving out of a home shared with the protected person
- Paying temporary child support
- Adhering to a parenting plan
Our restraining order attorneys in Stuart can help you ask for appropriate restrictions for your situation.
The Process of Requesting a Restraining Order
A person may ask for a restraining order if they are a victim of domestic violence. Domestic violence involves harm or threatened harm against a family or household member.
The following are acts constituting domestic violence:
- Aggravated assault
- Aggravated battery
- Sexual assault
- Sexual battery
- Aggravated stalking
- False imprisonment
Family or household members include:
- Former spouses
- Relatives by blood or marriage
- People currently or formerly living together as a family
- People who have a child together
To request a restraining order, the person seeking protection (the petitioner) must submit paperwork to the court. If the judge determines that the petitioner is in immediate danger of harm, they may issue a temporary ex parte injunction. An ex parte order is generally one issued without hearing the respondent’s side and is based on the information the petitioner included in their paperwork.
The court considers many factors when deciding whether someone is in imminent danger, including, but not limited to, the respondent:
- Previously harassing, threatening, or stalking the petitioner
- Using or threatening to use weapons against the petitioner
- Physically restraining the petitioner, preventing them from leaving
- Having a history of violence
Whether an ex parte order is issued, the court will schedule a full hearing for a final restraining order. At the hearing, the petitioner and respondent may be present. The judge will listen to both sides and decide after hearing all the evidence.
At ADL Law, P.A., our Stuart restraining order lawyers can help prepare documents, gather evidence, and present your case in court.
How Long an Injunction Lasts
The duration of a restraining order depends on the situation. A temporary ex parte order is valid for 15 days. It cannot expire before the full hearing is set.
A final restraining can last for a set number of years or remain effective indefinitely. The judge determines the length on a case-by-case basis.
The Consequences of a Restraining Order Violation
If the respondent violates the restraining order, the petitioner could immediately report them to the police. Additionally, the court may hold the violator in civil or criminal contempt of court to enforce the order. Contempt actions include imposing a fine upon the individual.
The state may also pursue criminal charges under Florida Statutes § 741.31 against the respondent for violating a restraining order. The offense is a first-degree misdemeanor punishable by up to 1 year in jail and/or up to $1,000 in fines.
Contact Our Firm Today
A restraining order can help victims of abuse get the legal protection they need. If you are seeking an injunction against someone who has harmed or threatened to harm you, discuss your case with ADL Law, P.A. We can help you understand your options and guide you through the legal process.
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