A restraining order, or an injunction for protection as they are referred to in Florida, is issued by a civil court, ordering the person against whom it is filed to refrain from either contacting you, your children, or being within a specified distance of you. To obtain a restraining order, it is important to understand the requirements and the steps one must take to proceed with this process.
In cases of domestic violence, you can get a restraining order against a spouse, an ex-spouse, an individual related to you by blood or marriage, someone who is living with you or has lived with you in the past or the parent of your child, regardless if you have lived together or been married. It is not necessary for any abuse to have already occurred in order to successfully obtain a restraining order. These are some of the factors a court will consider when deciding whether or not you are in imminent danger:
- Your history with the abuser, including stalking, threats, or harassment
- Any attempts he or she might have made to harm you or your family members
- Threats of kidnapping or harm
- If the abuser retrained you or kept you from calling the police
- If there was a prior order of protection against the abuser
- If the abuser destroyed your personal property
- Other actions that might lead you to believe you are in imminent danger
Depending on the relationship you have with your abuser, you might qualify for a different kind of restraining order such as those involving stalking violence, repeat violence, sexual violence, or dating violence. You do not have to have a personal relationship with the abuser to obtain a restraining order.
To get a restraining order, locate the appropriate court and file a petition. Once you file and sign the forms, you will receive a hearing date. Your abuser will also need to be notified, which a sheriff can do for you. At the hearing, if a judge determines the order necessary, he or she will first issue a temporary restraining order and, during the final hearing, will decide whether or not to issue a final restraining order.
Emerald Coast Family Law Attorneys
At Chesser & Barr, P.A., our attorneys have been committed to providing clients with results-oriented representation for decades. If you believe you are unsure how to proceed with the process of obtaining a restraining order in a domestic violence case, our lawyers can help guide you through it.
Contact us today at (850) 610-7471 to learn more about your legal options.