How Do I Get a Restraining Order?

How Do I Get a Restraining Order?

Posted By R. Gregory Colvin LLC || 21-Jun-2017

Victims of domestic abuse or violence have a few types of restraining order options available should they need protection from further abuse. Although these restraining orders can’t necessarily stop an abuser from hurting or stalking their victim, they do enable the victim to have the abuser arrested if the order is broken. When you file a petition for protection against domestic violence in Florida, the court will consider two types of injunctions: a temporary injunction and a final injunction for protection against domestic violence. You can file for an injunction for protection against domestic violence in the circuit where you live permanently or temporarily, where the abuser lives, or where the abuse occurred.

Temporary Injunction

A temporary injunction is designed to provide you and your loved ones with immediate protection from the abuser. If the judge decides there is an immediate and present danger of domestic violence, they will grant the temporary injunction. The temporary injunction takes effect once the abuser is served with a copy of the order. These injunctions usually won’t last longer than 15 days.

Injunction for Protection Against Domestic Violence

While all 50 states have some form of protection order, the names of the order vary. In Florida, it is called an injunction for protection against domestic violence. After a full hearing, the judge will decide whether or not to give you a final injunction. The final injunction lasts longer than 15 days and may also provide more protections than a temporary injunction.

Emergency Protection Order

When police encounter a domestic violence situation, one of the two parties is required or requested to leave the home. Usually, this person is the abuser, however police can sometimes be mistaken about who the aggressor is. In some states, the police can give the perceived victim an Emergency Protection Order (EPO). This short-term protection order is typically given to a victim when their abuser is arrested for domestic violence. An EPO is usually for a short period of time, like three or seven days. Victims with an EPO can also request a long-term protection order.

What Is Protected By a Restraining Order?

An injunction for protection against domestic violence can order your abuser to:

  • Avoid your home or work
  • Not contact you directly or through a third party
  • Leave a shared home
  • Go to treatment, counseling, or other domestic violence prevention programs

Have you been abused by your spouse? Contact our Orlando domestic violence lawyer or schedule a case evaluation today. We protect your rights with large-firm experience at a small-firm price.

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