Florida Restraining Orders

A restraining order is a legal order that is issued by a court of law that forbids the subject of the restraining order from making contact with the person who filed for the order. Contact includes speaking with the person, being within a set proximity of the person, calling the person, emailing the person, or even writing to the person. These are often issued in cases of domestic violence. Once a restraining order has been filed, the subject of the order must cease all forms of contact. If the person does not stop, the person can be charged with violation of a restraining order.

About Florida Orders of Protection

Per Florida Statutes §741.30 any person who has been victimized by domestic violence or who believes that they are in danger of being injured has legal grounds to seek an injunction for protection through the court. This applies to those who have technically left the household to escape the violence.

Should this be rewarded, the following may occur, depending on the nature of the petition:

  • Defendant restrained from committing domestic violence.
  • Petitioner granted exclusive rights to the dwelling.
  • Parenting plan goes into effect, including time-sharing.
    • Defendant may have limited visitation.
  • Placement of temporary plan for child support.
  • Defendant participates in batterers' intervention program.

In some cases, should the court determine that there is an immediate need, they may grant a "temporary injunction ex parte," without entering into the process of a full hearing. This can severely limit your life and can cause significant grief. For this reason, if you have had a restraining order taken out against you, do not hesitate to get the involvement of an experienced lawyer.

Accused of violating terms of a restraining order?

Once a person is charged with violation of a restraining order, they may have to spend time in jail or pay large fines. Additionally, the order may be extended to prohibit any additional contact in the future. By violating restraining orders, people place themselves in an uncertain predicament which can result in harsh legal consequences. By consulting an attorney immediately upon an accusation involving a restraining order violation, a person can avoid the harsh penalties that are associated with this offense.

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