Florida is aggressive when it comes to domestic violence cases. The State picks up the charges against you and they have a “pro-prosecution” policy for all Domestic Violence charges. That means, they do whatever it takes to convict you. According to the Florida Statutes Section 741.28, domestic violence is any assault, aggravated assault, battery, aggravated…
An Injunction for Protection against Domestic Violence, more commonly referred to as a restraining order, is a protective order issued by the court to safeguard someone from future violence as a direct result of domestic violence.
It is known that after a person has been charged or arrested for domestic violence, the abuser can still find ways to threaten the safety of the victim(s). These hostile acts can be done in several ways, such as stalking, harassment, assault, and kidnapping.
As long as the victim has a good reason to fear that any of these harms can be a reality for him or her, he/she is eligible to apply for an injunction for a protective order or a restraining order against the abuser.
When may a Restraining Order Florida Be Issued by the Court?
In the state of Florida, a restraining order may be issued if a family or household member commits acts of violence against another member of the household. If any of the household member is guilty of assault, battery, stalking, kidnapping, false imprisonment, and other criminal offenses that could result to physical injury or death of another member of the household, the injunction for a Restraining Order Florida can be requested.
Note that if your relationship with the abuser is that of a current or former spouse, a relative by marriage or by blood, a co-habitant or a former co-habitant, or another parent of a child, then you can be protected by a Restraining Order Florida.
A Restraining Order Florida Protects Domestic Violence Victims
A Restraining Order Florida mandates abusers to follow specific orders as requested by the victim(s). There are a lot of things that petitioners could request when it comes to a Restraining Order Florida. These include:
- Ordering the abuser not to threaten, harass, or follow the people related to the victim through phone or any other means of communication,
- Requiring abusers to stay away from any place of request by the victim,
- Prohibiting abusers to possess or purchase firearms of any kind,
- Granting the victim temporary complete control over the things that they jointly own,
- Ordering abusers to continue paying bills, loans, and attorney’s fees,
- Requiring abusers to attend a batterer’s treatment program or any kind of counseling service.
Remember that as long as the judge agrees to the requests of the victim, those mandates are legally-binding. Failure to follow through with the contents of the protective order will result to fines, damages, and even imprisonment.
Are You Looking for a Trusted Restraining Order Lawyer? Contact Piotrowski Law Today.
Chad Piotrowski has been a Miami domestic violence defense attorney for years, with vast experience in the field as a former state prosecutor. He knows the ins-and-outs of the Florida state prosecution system, which is one of the reasons why making him your restraining order lawyer is advantageous and strategic.
If you have been accused of domestic violence and you want to seek an expert restraining order lawyer, call us immediately at 305-204-5000 or send an email to Chad@CPlaw-Miami.com. All correspondence is guaranteed confidential.