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 a restraining order or injunction is granted to the person who applied for it because that person believed his or her life was in danger due to the actions of another person, that other individual who has been making threats against them must cease contact with the victim. A no-contact order means no calls, text messages, or visits to the victim’s home.
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 members are guilty of assault, battery, stalking, kidnapping, false imprisonment, and other criminal offenses that could result in 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 cohabitant or a former cohabitant, or another parent of a child, then you can be protected by a Restraining Order Florida.
A RESTRAINING ORDER IN 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.
What Happens When a Florida Restraining Order is Violated?
If there is a restraining order and the person who is supposed to avoid contact with the victim fails to do so, they are in violation of the protection of abuse order that was originally put in place. When a person violates the order, the victim may contact the police to make them aware of the situation. The consequences of violating a restraining order are as follows:
- Arrest warrant
- Criminal charges
- Penalties and fines
When the victim first contacts the police to make them aware of the violation, they may initially issue an arrest warrant. Upon arresting the person who violated the restraining order, criminal charges are often pressed against that person as a way to get them to take their actions more seriously and to understand the seriousness of the allegations made against them.
Along with criminal charges that can result in lengthy prison sentences, someone who continuously violates a restraining order may incur penalties and fines. The penalties would not look good on someone who is attempting to gain shared custody of the children in a case where children are involved.
What to Do If You Are Served with a Restraining Order
If you have a restraining order filed against you, follow the rules that you have been given. Do not make the mistake of trying to contact the person who has the restraining order against you, even if you know that you did not do anything wrong to that person. Instead of attempting to contact the individual, you should call a Miami domestic violence attorney to talk about your situation in detail. You need to explain the circumstances of the situation, the reason for the restraining, and whether you are facing criminal charges or not.
If you are facing criminal charges because of allegations against you, consulting with the Miami criminal defense attorney should be a priority. The consequences of committing different acts of domestic violence are often severe and can lead to long prison terms for those who are convicted. If you want to do your best to avoid a conviction and clear your name, you need to have a reliable attorney on your side.
The Miami restraining order attorney would carefully review the restraining order, let you know what you can and cannot do, and provide legal advice on how to handle the situation as efficiently as possible. You may want to ask the attorney several important questions relating to your situation, such as:
- How long will I need to follow the restraining order?
- Is there a way to have the restraining order lifted?
- What should I do if the person who filed the restraining order is trying to get in touch with me now?
- What types of questions should I be prepared to answer in the courtroom?
No matter what your situation is like, an attorney will provide the guidance needed to help you when a restraining order is filed against you and you are facing criminal charges.
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 305-930-8645 or send an email to [email protected] All correspondence is guaranteed confidential.
[There] aren’t that many people left in this world that give you[their] word and keep it. Chad genuinely cares about the problem at hand. Whether minute or something very serious you can sit back and relax, knowing you have the best representation available. I would recommend Chad to my family and friends.
(Jan 15, 2013) I had the distinct pleasure of working closely with Chad when we were both supervising attorneys within the Domestic Violence Unit at the State Attorney’s Office here in Miami-Dade County. We successfully tried numerous jury trials together, and I always look forward to the opportunity of working with him again on any matter. Chad is a phenomenal attorney whose training, experience, intelligence and trial skills are only matched by his commitment to excellence. He is very trustworthy, hard working, and always uses his experience to get positive results for his clients without fail. As such, Chad’s stellar reputation amongst the legal community is very well deserved.
– Robin Pimentel (Worked together on matter)
I have known Chad as both a dedicated prosecutor as well as an aggressive criminal defense lawyer who regularly achieves well beyond his clients’ expectations.
– Thomas Mote (Fellow lawyer in community)
(Feb 7, 2013) Mr. Piotrowski is a highly skilled lawyer. He has an outstanding reputation with the judges. I endorse this lawyer!
– Frank Gaviria (Fellow lawyer in community)
(Jan 8, 2018) When i first contacted through email i was suprised and impressed that he was willing to call me to discuss the case at 10pm. He was honest and real reasonable priced and didnt use agressive sales and fear tactics like other lawyers use. He treated me fairly and not like a criminal. Was falsely arrested by miami dade narc cops for preworkout supplement that they claimed was opoids and 100% cbd hemp oil that they claimed is thc oil. Chad was agressive and moved quickly got this case dismised at the araignment for a reasonable price.
– Doug (Case dismissed at araignment)
(Oct 26, 2017) I called Chad on a weekend for a free consult, he was at the park with his family, he was hired on the spot as we spoke. We researched him online extensively, read reviews etc. During the months of anxiety, Chad would call/text to explain anything or address concerns and try to calm my nerves. He doesn’t act/talk strict & binding. He’s very hands-on, experienced, knows his work, 110% trustworthy, very out-going, straight-forward tells you as it is, crack jokes, and actually keeps in communication, which is very important, because being informed helps you to understand everything as you go along. So, here you have a lawyer who is not only good at law but is a people’s person, not like some unpleasant, overpriced ones out there. We recommend Chad to ANYONE. If you’re in doubt or worried about something, trust HIM! He was also very affordable and had a very convenient payment plan. CASE DISMISSED.
(Jan 8, 2017) Chad is an excellent attorney. As a working parent I was not able to be at court to support my daughter while going through criminal charges. Chad was there every single time supporting my daughter by keeping her informed, by contacting her previous attorneys from out of State to reduce her case from criminal to civil. There are no words I can ever express to convey my gratitude.
Thank you Chad
(Jan 6, 2016) I had three trumped up felony charges over something that should have been a police warning at most and the prosecution really, really wanted to pin on me.
Chad went above and beyond both in how he treated me and how he handled the case. My life isn’t ruined right now because of him. He got everything DISMISSED while every other attorney i spoke to were happy to take whatever offer they were given, still leaving me with a ruined record.
Chad, thank you, hiring you was the best decision I’ve ever made.
(Dec 4, 2013) Chad was fantastic. I had a felony case, and as my first offense, I was scared and confused on the entire process. I am glad I choose Chad to represent me, after speaking with so many lawyers. He was honest and detailed from the beginning. He got my case dismissed.
If you need a lawyer in Miami I suggest you go with Chad Piotrowski. He was very adamant about beating my case. He put in maximum effort into my case. He mad me feel comfortable and confident the entire way throughout my case. In the end he fought to get me the very possible outcome. I would definitely retain his services again and recommend him to friends and family. Thank you Chad.
– Julian Sanchez
Mr. Piotrowski is very professional. Mr. Piotrowski represented my nephew and we couldn’t ask for a better attorney. There was never a call not answered, emails and text messages were always answered.
I would refer anyone to mr. Piotrowski I would trust him with anyone in my family. If you need an attorney I guarantee Mr. Piotrowski is the one!!!
Thank you again!!
– Salazar & Moreno Family
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