The term restraining order, sometimes referred to as an injunction for protection, describes an order from a court that orders a person to stop doing specific things or orders them to do others. They are designed to protect people such as victims of domestic abuse from their abusers.
There are five types of restraining orders in Florida:
- Domestic Violence restraining orders are possible for those who have suffered violence, abuse, stalking, or believe they are at risk of these acts.
- Stalking Violence restraining orders are possible when someone repeatedly follows or harasses someone else.
- Repeat Violence restraining orders are possible when two acts of violence or stalking have occurred, with one occurring within the last six months.
- Sexual Violence restraining orders are possible after lewd acts, sexual battery (rape), sexual assault on a child, and more
- Dating Violence restraining orders are possible for someone who has been in a relationship with an abuser or stalker in the last six months. Or, a dating violence restraining order is possible if a person and their abuser have a history of sexual activity or affection.
Restraining orders do not always require a criminal conviction and are not always a signal of guilt. If you need a restraining order or are facing one that is inaccurate, Thomas & Paulk, P.A. is ready to defend your rights. Our team will work to protect your reputation and make sure your side of the story is shared. We have a history of results for our clients, and we’re ready to put our experience to work for you! Call our Florida restraining order lawyers right now at (813) 321-7323 for help.
How Are Restraining Orders Decided by Judges?
A judge will provide a restraining order if they believe a person might be at risk. In some instances, they will issue a restraining order if the evidence isn’t clear one way or the other. By doing this, they are presuming that they’re taking the safest option until a matter can be officially investigated and decided in court.
How Long Do Florida Restraining Orders Last?
A court will decide if an injunction (an ex parte injunction) should be temporary or permanent (a final injunction). The conditions of an ex parte injunction are usually designed for temporary protection until a permanent decision is made. For example, during domestic violence matters, a judge will likely issue an ex parte injunction during the duration of court proceedings for the incident. After court proceedings are finished, the judge might replace the ex parte injunction with a final injunction based on what was revealed during the trial.
Typically, temporary restraining orders do not last more than 15 days in Florida. However, a judge can extend them if they believe either party provides a good reason to do so.
What Do Florida Restraining Orders Do?
Florida restraining orders make sure the person they are filed against cannot perform certain actions that might make a person’s life difficult or place them in danger.
Florida restraining orders can prevent a person from doing the following:
- Visiting a person’s home
- Visiting a person’s place of work
- Contacting a person in any way
- Provide temporary child custody
- Provide temporary spousal support
- Anything else a judge considers necessary
Notably, a condition of a restraining order can be as simple as telling a person to leave another person alone. This language allows a broad interpretation of what violating a restraining order means. So, those facing any type of restraining order should cut all types of interaction with the person who filed it against them.
If you’re facing a restraining order in Florida, Thomas & Paulk, P.A. is ready to help you share your side of the story. Call us today at (813) 321-7323 to find out what your options might be.