Restraining orders are also known as domestic violence injunctions, with dozens being filed in all Florida counties each day. Domestic violence is a serious issue. It gives grounds for an individual to file a temporary court order prohibiting a specific individual from carrying out a particular action, approaching, or contacting the person.
A restraining order is free to file, and although an attorney is not required to file for one, legal help is strongly recommended and is an advantage to the filer.
Which Situations Qualify for Filing a Restraining Order?
- Domestic violence against a family member
- Destruction of Property
- Sexual Assault
- Criminal Sexual Contact
- Criminal Mischief
Restraining Orders and Divorce or Custody Cases
Divorce and other emotional situations can trigger domestic violence. When one person threatens to or leaves an abusive relationship, domestic violence can also be triggered. Florida law states divorce is no-fault. However, if there are allegations of violence, it can affect divorce proceedings, child visitation, custody, child support, alimony, distribution of property equitably.
Courts will protect an abused spouse and put the safety of children first by preventing parents with a known history of domestic violence from having unsupervised visitation with their children. It is crucial for the parent who is aware that the co-parent is abusive to file a restraining order to protect their children. If they know a parent is abusive and does not take action, they could be charged for not protecting their child. If involved in a future complaint with Child Protective Services (CPS), failing to protect a child from domestic violence may be considered by the court. Parents must protect children from abuse.
While most domestic violence allegations are true, some parents may bring false charges against the other parent to gain an advantage in divorce or custody court proceedings. A false allegation in extremely serious and can cause irreparable harm.
How To File for an Injunction or Restraining Order?
In Florida, restraining orders are given priority, and a judge will review and decide if an order is granted or not within a few hours. If the order is granted, a sheriff will serve the respondent with the order. After being served, the respondent must remove their belongings and vacate the house. It will now be illegal for the respondent to approach or have contact with the petitioner.
A return hearing will be scheduled. Each side will be allowed to argue their case and judge will decide if the order remains in place or is thrown out. If the order stays in place, it is complex and costly to have it removed by the respondent.
What Happens When a Restraining Order is Violated?
Each time a restraining order is violated, the seriousness of the situation is increased. Violations of a restraining order will most likely result in criminal charges which can include jail time.
If you need a restraining order or there is one filed against you, Ronald Chapman can help. Having a domestic violence injunction filed against you can result in loss of parenting rights or limit scheduled parenting time. It is in your best interest to contact an experienced criminal defense attorney. Contact Ronald Chapman today if you need or are the target of a restraining order. Ronald Chapman is an experienced defense attorney who can help.
Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. If you are facing criminal charges in Florida, Ronald Chapman can help. Schedule your FREE Consultation! Call (561) 832-4348 or visit his website.
Visit us at https://justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Contact him today to begin to discuss your case.
Ronald S. Chapman, P.A.
400 Clematis Street, Suite 206
West Palm Beach, FL 33401
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