When charged with a domestic violence offense, you may also be served with a protective order by the alleged victim. Not only could those order strain personal relationships, but it could also affect your living situation and your employment.
Hire a Sunrise protective order Lawyer as soon as you receive the notice of hearing. You can rely on the skills, knowledge, and commitment of our Attorneys at Leifert & Leifert to advocate for your rights. Schedule a consultation today to get started.
What is the Purpose of a Protective Order?
Protective orders, commonly referred to as restraining orders, are legally binding injunctions issued by a judge directing someone to stay away from and stop communication with the alleged victim. The person seeking the protective order believes they are in imminent danger and needs to Court’s help to remain safe from domestic, sexual, date, or repeated abuse. They have either been involved in a recent violent altercation with the other person, believe that the other person is capable of violence toward them, or received threats.
Under Florida Statutes Annotated § 741.30, petitions for protective orders are standalone filings; no other case, such as a divorce or child custody proceeding, needs to exist for consideration of a protective order. The party requesting protection from an abusive relationship does not need to reside with the accused. They may be a current or former spouse, a relative (genetic or legally), a current or former household member, or a co-parent. Based solely on the alleged victim’s assertion that they experienced or reasonably fear falling victim to domestic injury, the Court may grant a temporary injunction lasting 15 days.
A hearing will then take place to determine if entering a final protective order is warranted. The Court runs these hearings very much like a trial. Each side may present evidence, call witnesses, and argue their case. Fifteen days does not give the accused much time to prepare their case, especially when they feel frazzled by the allegations and are unfamiliar with the process. Local Attorneys who defend those facing protective orders regularly possess the ability and requisite knowledge to build a robust defense on short notice. When doing so, they tenaciously advocate for the best outcome.
Potential Impact of a Protective Order
A final protective order remains in effect until it expires (if the order sets such a date) or is legally revised or revoked. In other words, it could last forever. The prospect of such long-lasting effects should concern anyone facing a final hearing. Such orders might alter family relationships, living arrangements, financial obligations, and sully reputations.
As part of the protective order, the Court may direct the alleged abuser to abide by a variety of actions:
- Move out of the shared living space
- Avoid the person who petitioned for the order (keep clear of their home, work, place of worship, school, gym, etc.)
- Cease all communication with the accuser
- Lose custody of and visitation with children
- Pay child support
- Forfeit the right to own a firearm
- Attend Court-supervised counseling sessions or training classes
As public documents, final restraining orders might turn up in background checks impacting future job opportunities, higher education admittance, or citizenship applications.
Enforcement of Restraining Orders
Those subject to restraining orders must take them seriously since a violation could bring about even more unwanted consequences. Individuals who fail to adhere, even accidentally, to Court rules commit a crime. In addition to augmenting the protective order rules, the Court may sentence the violator to jail, probation, and fines for a Misdemeanor offense.
Get in Touch with a Sunrise Protective Order Attorney Today
The gravity of these cases is real. If you receive a notice to appear for a protective order hearing, you must take steps to protect your rights, dispel false accusations, and ensure any restrictions imposed are measured and appropriate. Given the limited time to prepare for these hearings, you should immediately consult with one of our Sunrise protective order Lawyers at Leifert & Leifert. As your representative, we will advocate for you and achieve the best possible resolution. All you need to do is call.