What is a Restraining Order in the State of Florida?

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What is a Restraining Order in the State of Florida?

The restraining order is one of the most common injunction types that is utilized in the state of Florida. This legal order requires that someone who has caused you harm or threatened you with harm stay away from you for a set period of time. In some situations, injunctions are permanent and have no set end date.

Restraining orders prevent the person who has threatened you from having contact with you or your place of work and can also limit other actions that this person can take toward you. The team at Lopez Law has years of experience in restraining order cases and can help you ensure that someone who wants to cause you harm stays away from you and your family.

What is a Florida Injunction?

A restraining order is a kind of injunction. These orders are legally binding and require that a person who has caused you harm or who has threatened to harm you to stay away from you at your residence or your place of work. injunctions can also limit the actions that the person can take, such as owning firearms and weapons or interacting with members of your family.

An injunction is placed to create a legal precedent. If the person who wants to harm you breaks the injunction order, more severe penalties can be leveled against them. Without an injunction in place, it is hard to take legal action against someone who wants to harm you. A restraining order is an important first step toward taking effective legal action against someone who means to harm someone else.

The person who has threatened to harm you or has actually caused you injury doesn’t have to be someone that you are related to, living with, or dating. Any person who wishes to harm you can be prevented from doing so with the help of a restraining order. Many people believe that this kind of legal order is only used in cases where domestic violence is present. This is not the case, as restraining orders can be used in a wide array of situations to protect someone who is innocent and has been threatened with harm.

What Are the Consequences of Disobeying a Restraining Order?

If someone chooses not to follow the injunction against them, there are consequences that can follow. The severity of the actions taken against the person can impact the severity of the legal action that is taken. Violating a restraining order can lead to the following legal actions or limitations:

  • No contact order for children involved in the situation, as well as limitations on contact with those who reside with the person who has been harmed or threatened.
  • Being required to move out of a shared residence.
  • Being required to begin paying child support or spousal support.
  • Being forbidden from owning weapons or firearms.
  • Being required to notify current or future employers that you have a restraining order out against you.
  • Colleges and educational programs may refuse you entry if you have an injunction against you.
  • Professional licensure can be revoked or limited.
  • Entry into the military will likely not be possible.
  • Denial of US citizenship application and potential deportation.
  • Arrest
  • Charges of first-degree misdemeanor for each violation of the injunction.

Stalking charges can be added to the accusations leveled against someone who has taken actions against another following an injunction. Stalking has its own related charges and penalties. Aggravated stalking is a third-degree felony all by itself.

Jail time is not out of the question for those who have violated restraining orders. The severity of the actions that have been taken, which break the order, as well as additional illegal actions taken while breaking it, can affect the amount of jail time that has to be served.

All injunctions are applicable in all 50 states of the US. This protects victims of abuse and actions like stalking from having to begin the legal process to protect themselves against a threatening individual if they move to a new state.

What is a Restraining Order in the State of Florida?

Should I Hire an Attorney if Someone Has Threatened to Harm Me?

There are many nuances that are involved in considerations related to actions that lead to restraining orders being filed. Many people who are being stalked or harmed by another person wait too long to take legal action to protect themselves. At a minimum, it is a good idea to make sure that you speak with a legal professional if you are not sure what to do.

Being able to place a restraining order against someone who has threatened you can help protect you and your family from future, more serious actions being taken by that person. The law considers many kinds of aggressive actions and threats as due cause for filing an injunction. You do not have to wait until something truly dire has taken place to seek legal protection for you and your loved ones.

Waiting until the person who has threatened you verbally actually takes action on their words is not a good idea. It is often much easier to file an injunction against someone who has threatened you as soon as possible so that their future actions can be considered in the proper light. Being able to hold someone who wishes to harm you accountable in a legal sense can have a positive impact on your safety.

The Restraining Order Process

If you have never needed to file a restraining order against anyone, you might not be aware of the process to get one filed in the state of Florida. Your first step should be reaching out to the team at the Lopez Law Group. We can walk you through your options and explain the entire process of filing a restraining order so that you know what to expect.

The general process of filing a restraining order is as follows:

  1. Go to the courthouse and pick up the necessary forms. If you are working with a legal expert, this part of the process will be handled for you, and you will not need to go to the courthouse to take care of the documents on your own.
  2. The forms will need to be filled out completely. Ideally, you will be able to provide dates and details of the various negative interactions that you have had with the aggressor. All of this detail will be placed in the order so that it can be referred to at a future date if the restraining order is broken.
  3. A judge will review the petition. All of the details that you have provided will be used to build a specific restraining order that addresses all potential points of contact with you, the victim.
  4. Service of process must be done to ensure that the legal notice of the restraining order is delivered to the aggressor. Legal teams work with skilled service of process experts in most cases to ensure that the aggressor is notified properly under Florida state law.
  5. The hearing process will require that all involved parties show up in court to hear the details of the restraining order. Witnesses and testimony can be given to both parties involved in the case. The attorneys at Lopez Law will prepare all of the necessary information and evidence required to support your request for a restraining order. You will have the chance to speak at your hearing if you wish to add more detail to the request.
  6. The order will be effective when the hearing is complete. You and the person who wanted to harm you will be provided with a copy of the order. The order will need to be enforced, and if the person who is named in the order takes further actions against you that are not allowed per the restraining order, you will have the right to notify law enforcement.

Are There Different Types of Restraining Orders?

There are different kinds of restraining orders that can be used in the state of Florida to protect victims.

Domestic Violence Injunction

This restraining order type is used when the victim lives with the person who has harmed or threatened them. This type of order is used both for married partners and unmarried couples. Children who might live with the couple are considered in these restraining orders, and often, parenting time or visitation rights are altered or limited during the duration of the restraining order.

Repeat Injunctions

If you have been the victim of repeated violent attacks (more than one incident), you are able to seek this kind of injunction. Stalking activities are limited by this kind of injunction as well. If there are children involved in the situation, parenting time and other parenting rights might be limited or ended during the time that the restraining order is active. Repeat injunctions can be placed in the state of Florida if you have suffered an act of violence more than once and if one or more of the actions took place in the previous six months.

Dating Violence Injunctions

If you are in a continuing relationship with a romantic partner or an intimate partner and have suffered an act of violence or threatened violence in the past six months, this is the kind of injunction that will be used to limit the activities of the aggressor.

Sexual Violence Injunction

This kind of restraining order is used to protect victims of violent sexual acts as well as parents or legal guardians of minors who have been the victims of sexual violence. You can seek a restraining order on behalf of the minor child as well. There are some other requirements for this kind of order, which include the victim reporting sexual violence to law enforcement or further contact with someone who was sentenced to prison for sexual violence. If the prison term for this person has expired or will expire in the next 90 days, this order can be placed to protect the child or victim of sexual violence.

Stalking Injunction

Stalking injunctions can be filed by victims of stalking acts or parents or guardians of minor children who have been victims of this kind of activity. Stalking orders can be complex to request if law enforcement has not been involved in reports of the stalking activity in question. Be sure that you advise your lawyer if you did not notify the police of the stalking actions that took place.

What is a Restraining Order in the State of Florida?

How Can a Lawyer Help?

Presenting the right information during your hearing is critical for obtaining a restraining order that will actually control the behavior of an aggressor. You will be much more likely to effectively communicate the nature of the situation that you are dealing with if you have the help of a legal professional. In addition, it can be very intimidating to have to face your aggressor in court, but having a legal team working on your side can help make this process less upsetting.

Restraining orders are an essential step that must be taken to defend innocent victims from aggressive actions or threats of violence. You will need to take this first step to be able to defend yourself against these kinds of actions. Having a legal professional working on your case will have a big impact on your ability to seek a favorable outcome for your case.

Let Us Help You With Your Restraining Order

If you have been the victim of actions like stalking, threats of physical violence, or have actually been harmed by someone else, you need to reach out to Lopez Law right away. We can help you to seek a restraining order against your aggressor so that you and your family can be protected from future harm. This is one of the first and most important steps in holding aggressors accountable for their actions.

Let the team at Lopez Law help you with your restraining order needs. We will take the time to research your case and prepare all of the information that is necessary to place an effective restraining order against someone who wishes to do you harm. Schedule a consultation today, and let us get started working on this legal process that will help to keep you safe.

Related:

What is an Injunction in Florida?

Sexual Violence Injunction in Florida

Domestic Violence Injunction

Dating Violence Injunction

Divorce Lawyers in Florida

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