How to Get a Restraining Order for Domestic Violence in Florida
If you are experiencing threats, physical, or sexual abuse, it is important to understand that you have a right to be protected. At Ferretjans Law Office in Miami, we specialize in defending and requesting Restraining Orders in Florida due to Domestic Violence.
In Florida, there are multiple types of restraining orders, legally referred to as injunctions or protective orders. Some examples are injunctions against domestic violence, injunctions for protection against stalking or cyberstalking, and injunctions against repeat, dating, or sexual violence.
To file an injunction, or restraining order in Florida, you must file what is called a “Petition”, with the nearest Family Court, or also referred as Domestic Violence Division.
This petition will explain your situation, facts, and details about the abuse or threats you have experienced, and why you need a restraining order. There are different requirements for the different injunctions, therefore it is important to seek legal help in drafting a legally sufficient petition.
Shortly after the petition is filed, there will be a hearing. Because of the short window of time, it is important you have the necessary evidence and or witnesses ready to present to the Judge. At this first hearing, the Judge will decide whether a temporary injunction or restraining order will be given to you. Then, there will be another hearing scheduled to see if a more long-term or permanent injunction is needed, or if the petition is not sufficient to support a need for an injunction restraining orders.
For cases involving minor children, it is important to consult with an attorney because during these hearings you may be eligible to request temporary custody and/or child support.
If you are granted an injunction, you are entitled to take legal action against the individual who is in violation of the injunction. You can take this action by reporting the violation to the police, and filing another petition to the court alleging a violation of the injunction.
Getting a restraining order in Florida is a very fast and time-sensitive process. Therefore, it is important to have the proper legal representation and help to ensure that you meet all of the requirements. Our Miami lawyers at Ferretjans Law, PLLC are dedicated to making sure that you receive the protection and/or defense you deserve.
For a Confidential Consultation call us at 305-925-0811 or WhatsApp at 786-859-4755.
FERRETJANS LAW OFFICE
IMMIGRATION AND FAMILY LAWYER IN MIAMI