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Domestic Violence

Restraining Orders

If you or someone you know have been served with a restraining order it is going to be essential to gain the services of an attorney who has your best interests at heart. An attorney will be able to look at the evidence leading up to the restraining order and then formulate a proper defense plan.

  • What are the different types of crimes that can result in a restraining order?
  • What penalties come with a restraining order?
  • How can an attorney assist an individual who has been served with a restraining order or temporary restraining order?
  • What are considered to be violations of a restraining order?

In Miami, Florida a restraining order can be filed for different types of violence. The purpose behind an individual filing for a restraining order is primarily for safety issues. The purpose of restraining orders is to prevent violence or continued violence. The four types of restraining orders that are typically filed are to protect an individual from the following:

  • Domestic violence
  • Repeat violence
  • Dating violence
  • Sexual violence

If you or someone you that you know has been served with any of the above restraining orders in Miami, Florida it is going to be necessary get an attorney that can take you through the court proceedings. The number of individuals that get a final injunction through the court every year because they choose to represent themselves is countless. By working with a lawyer who has had experience in dealing with restraining orders you are certain to have a fair hearing.

The penalties that can come with restraining orders are as followed:

  • If you live under the same roof as the individual who filed the restraining order you will be forced to leave the property until further notice
  • The individual who the restraining order was filed against is not allowed to have any contact with the person who filed the restraining order
  • If you are divorced and have children it may be very possible that you lose whatever custody rights to your children that you have
  • If you own any firearms/guns you will be forced to hand them over to law authority

By obtaining the services of an attorney with experience in defending individuals with restraining orders, temporary restraining orders, and life threatening domestic violence charges a proper defense can be put into place giving the defendant the best chances in the court of law. When a temporary restraining order is put into place there will be a court hearing within 15 days of when the respondent received the temporary restraining order. However, the respondent is not required to appear in court and if they do, they have the right to have an attorney by their side advocating for them. It is not advised to respond to a restraining order or temporary restraining order without first speaking with an attorney.

The Florida Statutes 784.046 states that a respondent violates his or her restraining order if one or more of the following occur:

  • The respondent refuses to leave his or her place of residence that they share with the person who filed for the restraining order
  • Going to the alleged victims place of residency, school, work or anywhere else where they may encounter them
  • Committing another act of violence or life threatening domestic violence against the individual who filed for the restraining order
  • Contacting in any way, shape, or form the individual who filed for the restraining order or temporary restraining order

Violating any of the above will be considered to be a misdemeanor and can come with penalties of up to one year in jail and/or $1000 in fines.

Restraining orders are serious business and a defendant should not take the law into their own hands. Make sure to obtain the services of an attorney who can represent you in the court of law.

Yale Galanter

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