When a person fears for their safety from another individual, they may not know where to turn. Fortunately, for those in genuine fear, there are things called protective orders. What exactly are protective orders and how can they be used to help victims? How can they be challenged when wrongly issued?
What is a Protective Order?
In the state of Florida, a protective order is an injunction against an individual or party for protection from a variety of things. Protection orders, also known as restraining orders or injunctions, can be utilized by the courts for protection against domestic and other forms of violence.
Domestic Violence Protective Orders
Protective orders may be issued by the courts should a family member or loved one commit certain violent acts against another family member or loved one. These orders are intended by the courts to protect victims from the accused perpetrator. Violent acts which may result in a protective order include:
- Assault, including aggravated assault or sexual assault
- Battery, including aggravated battery or sexual battery
- False imprisonment
- Stalking or aggravated stalking
- Any other act of violence which results in bodily injury or death.
Under Florida Statute 741.30 -741.31 those subject to a restraining or protective order may be excluded from dwelling with the alleged victim, may be subject to a ban on communicating with or having any contact with the alleged victim, and may also be subject to restrictions on their ownership of firearms. In addition, those subject to a protective order may lose custody of any children they have with the alleged victim and may have their visitation rights amended or revoked.
How to Defend Against Protective Orders
Restraining orders and other types of protective orders are serious situations that should not be taken lightly. Protective orders are an order of the court, and any violation would result in contempt of court charges and jail time or hefty fines.
If you are served with a protective order and believe it is unjust, you need to speak with the experienced criminal defense team at Piotrowski Law today. An expert criminal defense lawyer can help you defend against an unjust protective order using a number of successful techniques and arguments such as:
No Abuse Occurred
One of the most common defenses for a protective order is that the order was awarded due to false allegations of violence. An experienced attorney can help you prove the allegations were false and get the order removed.
The Relationship Was Not Intimate
In situations where the victim alleges a close relationship, an attorney may argue that the relationship was casual, and not intimate.
Victim Was Not Afraid, Fear Was Not Sustained
A common defense for protective orders is that the victim had no reason to be afraid. If, for example, an elderly or infirmed person threatened violence against a bodybuilder, that person likely had little to fear. Also, a criminal defense attorney may argue that the fear the victim felt was momentary and was not sustained – meaning they had nothing to worry about.
Contact an Experienced Criminal Defense Attorney Today
If you are looking for a passionate and experienced legal defense lawyer who will tirelessly fight for you, call Piotrowski Law today at 305-204-5000. Chad Piotrowski has an extensive background in aggressively protecting his clients from charges ranging from drug possession to murder. Chad is a fierce defender of the rights of his clients who are charged with criminal offenses. Call Piotrowski Law today for a free consultation.