Family Law Attorneys in Stuart, Florida
Florida Law Firm Experienced With Restraining Orders
There are four types of restraining orders in the state of Florida that are designed to protect a victim:
- Domestic violence – the petitioner and respondent have lived together at some point or have a common child
- Dating violence – the petitioner and respondent were involved in a romantic relationship within six months of filing the order, but have never lived together and have no common children
- Sexual violence – the petitioner is a victim of sexual abuse. There is no requirement that criminal charges be filed or that the crime was successfully prosecuted.
- Repeat violence – any relationship involving at least two incidents of violence with one incident within six months of filing
Once the victim selects the proper type of restraining
order, the next step is to prepare the petition and file it in court. Once filed, a judge will review the restraining order immediately and if the allegations meet Florida requirements, will grant a temporary restraining order that is valid for 15 days. A trial on the fact or a stipulation to the restraining order must be heard by the Court within 15 days.
If the respondent has been served with the temporary restraining order and notice of the final hearing but fails to appear, the judge will allow the petitioner to present the evidence and rule based on the facts presented. Florida's rules of evidence will apply.
If the restraining order is granted, either the petitioner or respondent can file a motion to terminate the restraining order any point in the future. An attorney experienced in the application process for obtaining a restraining order in Florida can offer guidance during the process.
If you are feeling threatened, harassed, battered, or abused and have questions regarding restraining orders, the The Law Patriot will help you make an informed decision. Contact our firm online or call (772) 888-0883 to schedule a free initial consultation with one of our experienced family law attorneys today.