Domestic Violence Lawyer Brandon

How to Get a Restraining Order in Florida

Are you or your children at risk of domestic violence? If so, you may be able to file for an injunction to protect you and your family members from harm. An injunction is a court order that requires the person named in the order to do or not do specific things.

There are several types of injunctions you can seek, including a temporary or permanent order of protection or a restraining order. In Florida, restraining orders are often referred to as protective orders or orders of protection. If you would like to learn more about seeking an injunction, contact Curry Law Group, P.A. for a free initial consultation with a domestic violence attorney in Brandon.

Call (813) 548-5450 or contact us online to get started.

What Is Considered Domestic Violence in Florida?

In Florida, domestic violence is defined as any assault, battery, sexual assault, sexual battery, stalking, or other criminal offense resulting in physical injury or death to a family or household member by another family or household member. 

Family or household members can include:

• Spouses
• Former spouses
• Persons related by blood or marriage
• Persons who are presently residing together as if a family or who have resided together in the past as if a family
• Persons who are parents of a child, regardless of whether they have been married

Domestic violence can profoundly impact all aspects of a victim's life, including emotional and physical well-being, employment, and housing stability. Understanding the full scope of what constitutes domestic violence is crucial for those seeking protection under Florida law. Victims can also explore community resources such as counseling and support groups, which can be instrumental in providing both immediate and long-term assistance.

What Is a Restraining Order?

A restraining order, also known as a protective order or order of protection, is a court order designed to protect victims of domestic violence, dating violence, and stalking. The order requires the person named in the order to stop all contact and stay a certain distance away from the victim and the victim’s home, place of work, and children’s schools.

There are four types of restraining orders in Florida:

• A domestic violence injunction
• A sexual violence injunction
• A dating violence injunction
• A repeat violence injunction

Each type of injunction is used to protect victims in different situations. If you are unsure of what type of restraining order you need, our family law attorneys in Brandon can help you determine the best course of action for your situation.

Understanding the nuances of each restraining order type can empower victims to make informed decisions that best suit their circumstances. It's essential for victims to have access to legal advice promptly to ensure their safety and the adequacy of the protection measures sought. Additionally, victims are encouraged to document incidents meticulously, which can provide compelling evidence during court proceedings.

How to Get a Restraining Order in Florida

The process for getting a restraining order in Florida begins with filing a petition with the court. The petition will ask for information about the victim, the person the victim is seeking protection from, and the specific incidents of violence that have occurred. Once the petition is filed, the judge will review it and decide whether to issue a temporary restraining order.

If the judge grants the temporary restraining order, the victim will be able to obtain protection right away. Then, the judge will set a date for a final hearing, which will be held within 15 days of the temporary order being issued. At the final hearing, the judge will determine whether the victim is eligible for a final restraining order.

Seeking legal guidance during the petition process can significantly improve the clarity and persuasiveness of the presented case. It is advisable for victims to work closely with their attorneys to compile detailed accounts and gather evidence that supports the necessity of the restraining order. Legal counsel can also help manage expectations and prepare for potential outcomes at the hearing.

How Long Does a Restraining Order Last in Florida?

When a restraining order is granted, it will be in effect for a specific period of time. In Florida, a restraining order can last for 15 days to several years. The length of time that the order is in effect will depend on the specific circumstances of the case.

At the end of the restraining order, the victim will have the option to request an extension. If the victim still feels that they are in danger, the judge may grant the extension. If the victim no longer feels that they need protection, the restraining order will be dissolved.

The process of extending a restraining order involves demonstrating ongoing risk or fear of harm. Petitioners should maintain all relevant documentation during the restraining order period, as this information can be vital in seeking an extension. Understanding these nuances ensures that victims remain protected as they navigate their unique situations.

How to Get a Restraining Order Dropped in Florida

Once a restraining order is in place, it will remain in effect until the date that it is set to expire. Even if the victim changes their mind and no longer wants the restraining order, they will not be able to have it dropped. Only the court can dissolve a restraining order.

If the victim wants to have the restraining order dissolved, they will need to file a motion with the court that issued the order. The court will then schedule a hearing, and the judge will decide whether to dissolve the order. If the judge grants the motion, the restraining order will be dissolved. If the judge denies the motion, the restraining order will remain in effect until the date that it is set to expire.

It is crucial for individuals seeking to dissolve a restraining order to understand the court's criteria for making such a decision. Legal representation can offer crucial insights into preparing the necessary motion and navigating the hearing process. Proper legal guidance can help articulate the reasons for dissolving the order effectively, ensuring a comprehensive approach in court.

How Our Firm Can Help You

If you are the victim of domestic violence, we can help you seek a restraining order to protect yourself and your family members from harm. If you have been falsely accused of domestic violence, we can help you defend your rights in court and protect your future. Our firm is committed to helping individuals in Brandon and throughout Florida with all their family law needs. We will work diligently to help you obtain the most favorable outcome in your situation.

Curry Law Group, P.A. offers personalized legal services that prioritize the client's safety and legal rights. By choosing our services, clients benefit from our deep understanding of Florida's legal landscape. We guide clients through every step, ensuring they fully comprehend the process and feel empowered in their legal journey. Our dedicated team in Brandon is here to support you with unwavering commitment to your legal protection.

Reach out to our firm today to schedule a free consultation with a domestic violence lawyer in Brandon. We are here to help you.

Understanding Domestic Violence Laws in Brandon, Florida

Domestic violence laws in Brandon, Florida, are influenced by both state and local regulations designed to protect victims and hold offenders accountable. Florida law defines domestic violence broadly, covering many acts such as physical harm, threats, harassment, and stalking, among others. These laws apply to various relationships, including spouses, former spouses, cohabitants, and individuals with a child in common. The legal framework aims not only to punish offenders but also to provide comprehensive protections for victims through injunctions and restraining orders.

In Hillsborough County, which includes Brandon, law enforcement agencies work diligently to respond to domestic violence incidents promptly. Police officers in Brandon are trained to assess situations swiftly, prioritizing victim safety and ensuring that offenders are brought to justice. Victims in Brandon have access to resources such as the Hillsborough County Domestic Violence Task Force, which offers support services, hotlines, and shelter options. Understanding the local enforcement and support systems can empower victims and those accused to make informed decisions regarding their legal rights and options.

Local Resources & Support Systems for Domestic Violence Victims

Brandon, Florida, provides a network of resources focused on supporting victims of domestic violence through community organizations and government initiatives. The Spring of Tampa Bay, a prominent local organization, provides shelter and support to victims, offering a range of services from emergency housing to counseling and legal advocacy. These services are tailored to empower victims to regain independence and find long-term solutions to their situations.

Additionally, the Victims Assistance Program in Hillsborough County offers comprehensive support including crisis counseling, assistance with obtaining protective orders, and navigation of the criminal justice system. These resources collaborate with local law enforcement to ensure that victims in Brandon receive holistic support. By leveraging these local resources, victims can access essential services that not only provide immediate relief but also foster empowerment and healing in the long-term.

Frequently Asked Questions About Domestic Violence in Brandon

What Should I Do If I Experience Domestic Violence?

If you experience domestic violence, it's crucial to prioritize your safety and seek help immediately. Contact local law enforcement to report the incident and seek assistance. In Brandon, you can also reach out to the Hillsborough County Domestic Violence Hotline for immediate support and guidance. Additionally, consider contacting a trusted attorney to explore legal options, such as obtaining a restraining order to ensure ongoing protection.

Can a Restraining Order Be Issued Without the Abuser's Presence?

Yes, it is possible to obtain a temporary restraining order without the abuser's presence through an ex parte hearing. This type of hearing allows the judge to grant an immediate order to protect the victim while awaiting a final hearing that the abuser will be notified to attend. It’s essential to provide comprehensive evidence and a detailed account of the violence to support the cause during the ex parte hearing to increase the likelihood of obtaining this crucial initial protection.

How Can I Support a Friend Who Is a Victim of Domestic Violence?

Supporting a friend who is a victim of domestic violence involves listening empathetically, ensuring they feel heard and believed. Encourage them to seek professional help and offer them resources such as local support organizations like The Spring of Tampa Bay in Brandon. Avoid making decisions for them or passing judgment; instead, offer to accompany them to relevant legal or support appointments if they are comfortable with it.

What Happens If the Abuser Violates the Restraining Order?

If the abuser violates a restraining order in Brandon, it is deemed a criminal offense, and immediate law enforcement intervention can be requested. Victims should contact the police immediately to report the violation. The abuser can face penalties, including arrest or further legal consequences. Each violation should be documented thoroughly as it strengthens the victim's case if further legal action is needed.

Can I Travel With My Children If I Have a Restraining Order?

Traveling with children under a restraining order is generally allowed unless otherwise specified by the court order. However, it’s advisable to review the details of your restraining order and consult with your attorney to ensure compliance with any travel restrictions. If there are custody arrangements in place with the children’s other parent, it may also be necessary to inform or seek permission as stipulated by the order or custody agreement.