Brandon Domestic Violence Attorney

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 lawyer in Brandon.

Call (813) 548-5450 or contact us online to get started on your case today.

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

If you are a victim of domestic violence and need to get out of your current situation, we can help you seek a restraining order to protect yourself and your children. Our team can also help you take any other necessary steps to put an end to the abuse and ensure your safety.

What Is a Restraining Order?

A restraining order, also known as a protective order or order of protection, is a court order that is 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.

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.

If the judge grants the final restraining order, the victim will be given long-term protection. If the judge denies the final restraining order, the temporary order will be dissolved. The victim will be able to request a new hearing if this happens.

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.

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.

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 case.

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