People often confuse restraining orders for protective orders, but what most people do not know is that not only are protective and restraining orders different, but there are also multiple types of protective orders in Ft. Lauderdale. The type of protective order someone has against them typically depends on what kind of crime they have committed. If you have been served a protective order, get in touch with an experienced local attorney who can advocate for you.
Differences Between Restraining and Protective Orders
A restraining order can be filed after exhausting any previous remedies and alleging irreparable harm. The protective order against domestic violence is covered by the statute. An individual must prove that they are the alleged victim of domestic violence or are in fear of imminent danger of becoming the alleged victim of domestic violence. The statute mandates that the petitioner must have reasonable cause to believe that they are in imminent danger of becoming an alleged victim of domestic violence.
Elements the Court Considers
There are factors the court considers for domestic violence allegations. An individual can show they are the alleged victim of domestic violence when there are instances of assault, aggravated assault, battery, aggravated battery, etc. to demonstrate they have reasonable cause to believe they are in imminent danger becoming an alleged victim of domestic violence.
The courts also look at the history between the petitioner and the respondent including threats, harassment, stalking, or physical abuse, and whether the respondent attempted to harm the petitioner, family members, or individuals closely associated with the petitioner.
The court considers whether the respondent threatened to conceal, kidnap, or harm the petitioner’s children; and whether the respondent intentionally injured or killed the family pet. Other relevant issues include the use or threat of use weapons such as guns or knives; physically restraining the petitioner from leaving the home or calling law enforcement; and a criminal history involving violence or threat of violence. The judge also considers the destruction of any personal property and any other behavior or conduct that leads the petitioner to believe that they are in imminent danger of becoming an alleged victim of domestic violence in the future.
Other relevant issues include the use or threat of use weapons such as guns or knives, physically restraining the petitioner from leaving the home or calling law enforcement, and a criminal history involving violence or threat of violence. The judge also considers the destruction of any personal property and any other behavior or conduct that leads the petitioner to believe that they are in imminent danger of becoming an alleged victim of domestic violence in the future.
Types of Protective Orders
There are five types of protective orders in Ft. Lauderdale. Domestic violence is covered by Florida Statutes 741.28 to 741.31. Injunction against repeat violence is covered by in Chapter 741 and is different than domestic violence. The protective order and injunction for repeat violence require two acts of violence, one of which must have occurred within six months prior to the petition or the seeking of the injunction for repeat violence.
There is the third type of protective order, a protection against dating violence. Dating violence is violence between individuals who have or had a continuing and significant relationship of a romantic or intimate nature. Unlike repeat violence, no acts of dating violence need to occur prior to the filing.
The fourth type of protective order is protection against sexual violence. Sexual violence is defined as one incident of sexual battery or lascivious act committed upon or in presence of a person younger than 16; luring or enticing a child into sexual performance, or any other forcible felony wherein sexual act is committed or attempted.
The fifth is a protective order or an injunction against stalking, including cyberstalking. Neither violence nor verbal threats are required to be proven for cyber stalking. Numerous emails during a short period of time are occasionally sufficient. However, allegations of offensive emails received from the respondent coupled with mere allegations that the respondent hacked into the petitioner’s email accounts and deleted emails may not support an injunction in the absence of competent and substantial evidence identifying the respondent as the perpetrator of those acts.
Length of an Order
The length of protective orders is within the discretion of the judge. Most judges ask the petitioner how long they request to have the protective order in place. The judge has the authority and the right to have the order remain in full force in perpetuity or forever and may be modified. At any point in time in the future, either party may come back to court and seek the modification or termination of the order. A capable attorney will have a working knowledge of the different types of protective orders in Ft. Lauderdale, and can use this knowledge to make sure that your rights are being protected, and you are not being subjected to an unnecessarily lengthy order.