Protective orders get put in place very quickly, so it is imperative to have a knowledgeable litigator on your side. Without one of our experienced Attorneys at Leifert & Leifert, you may find yourself ill-prepared to answer the accusations made against you and subject to an order that drastically changes your life.
A Delray Beach protective order Lawyers fight daily for your rights, by challenging false accusations, presenting evidence in your defense, and arguing against over-reaching restrictions. Call today to schedule a consultation.
Process of Issuing a Protective Order
To obtain a restraining order, the offended party must first file a petition with the Court. In this filing, the petitioner must demonstrate why they feel in imminent danger and how the order will resolve that situation. Without any input or exculpatory information from the accused, the Court may issue a temporary injunction to protect individuals from violence arising from a variety of relationships such as familial, dating, sexual, or other interactions where repeated injury has occurred.
This initial restraining order remains in place for a maximum of 15 days or until the Court holds a hearing on issuing a final protective order. While technically not a trial, a final hearing involves many of the same attributes.
The Advantage of Representation
After receiving a hearing notice, some people may feel confident that they can fight this alone. This level of assurance may falter quickly once in front of the judge, and at that point, it will be too late. The order entered might drastically change many aspects of their daily lives as well as other future possibilities:
- Family interactions
- Living situations
- Financial responsibilities
- Reputation – socially and professionally
- Employment opportunities
- Educational advancement
- Citizenship status
Restraining Orders and Their Effects
Once entered, the accused may have little to no recourse to change the order because protective orders rarely expire and remain in place until a Court decides to modify or rescind them. Giving wide latitude to the judge’s discretion, Florida Statutes Annotated § 741.30(7) authorizes the Court to provide the petitioner with injunctive relief, as appropriate to remedy the situation.
Typically, restraining orders require the offending party to keep their distance from the petitioner, avoiding their home, job, school, and all other places they frequent. If the parties live together, the accused will need to move out. If children are involved, the Court may award sole custody to the complaining party, order the payment of child support, and even limit or deny visitation with the children. Due to the violence alleged in these proceedings, judges may also require the forfeiture of any firearms.
Binding Court Rulings
Although protective order hearings are civil proceedings, the enforcement of these orders implicates the criminal code. If an individual, intentionally or inadvertently, violates the judge’s order, they will face penalties for committing a Misdemeanor, for which the Court might impose probation, prison time, and fines. At this time, the Court may also find it prudent to revise the protective order strengthening the restraints already in place.
Once a restraining order is in place, Attorneys practicing in this area can counsel defendants on how to remain compliant, and if need be, represent those who overstep the boundaries. By skillfully explaining the situation and expressing your remorse, protective order Attorneys in your local area can strive to influence the Court so that you may avoid additional punishment.
Retain the Services of a Delray Beach Protective Order Attorney Today
Florida authorities do not take issuing restraining order lightly – the stakes are high for both parties. Given the gravity of the situation, self-representation may put you at a disadvantage. The petitioner will likely have counsel arguing their case, and you should avail yourself of the same legal knowledge and skill. Our team of Delray Beach protective order Lawyers at Leifert & Leifert will tenaciously defend your rights by working hard to achieve the best outcome. Call today to get started