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Unfortunately, both men and women become victims of an abusive spouse or partner. In many of these cases, when a partner feels unsafe or fearful of his or her life, a restraining order becomes necessary. The majority of people who request a restraining order are women, however, it is not uncommon for men to also request restraining orders.
Regardless of the case or situation, requesting a restraining order through the Florida Court system can be overwhelming, especially for victims who already live in fear. Although Florida citizens aren’t required to hire an attorney to request a restraining order, many often do to have another layer of protection for someone to lean on for legal advice during a time of need.
The legal team at The Law Offices of Travis R. Walker, PA specialize in various practice areas, including restraining orders in Stuart, Florida. If you believe you need a restraining order against someone, or if a restraining order has been filed against you, contact our team today for legal guidance.
What is a Restraining Order in Florida?
A restraining order is legally referred to as an “injunction for protection”. This is basically a Court document that orders another party to stop harming another person. “Harm” refers to all forms of abuse, including physical and/or sexual abuse, contact, or even being within a certain distance from a victim.
In the State of Florida, there are several different types of restraining orders, which include the following:
- injunctions for protection against domestic violence;
- injunctions against repeat, dating, or sexual violence;
- injunctions for protection against stalking/cyberstalking, and other forms of contact;
- risk protection orders
Restraining orders can also order another party to do something, such as leaving your home or paying child support. If the abuse violates any restraining order at any time, he or she will be arrested.
How Do I Get a Restraining Order in Florida?
So, what is the process for getting a restraining order in Florida? The first step is to either visit the Florida Courthouse to gather the necessary paperwork to file for a petition for an “injunction for protection”. You must file the petition in the Florida county in which you live. You can also hire a restraining order attorney in Stuart, Florida to file the paperwork on your behalf.
After the petition for an “injunction for protection” is filed, the Judge will review the paperwork and will likely immediately issue a temporary injunction if he or she finds that the “abuser” is an immediate threat. The Judge makes this decision based on the facts provided in the petition paperwork.
If the abuser is a partner or spouse who lives with the victim, then the victim has the right to request the presence of a police officer to accompany the victim to the victim’s home to enforce the temporary restraining order.
In order to get a long-term restraining order in force, there must be a full Court hearing, which the abuser or offender must be present. He or she also has the opportunity to argue against the order.
How The Law Offices of Travis R. Walker Can Help
At the Law Offices of Travis R. Walker, we take any and all domestic violence or any cases that involve any form of abuse seriously. We have experience working with individuals who need restraining orders, filing the necessary paperwork, and also preparing for Court hearings to request long-term or final restraining orders.
If you have questions about getting a restraining order, or if you were served a restraining order, then contact the legal team at Travis R. Walker Law today.