In Florida, a restraining order is an order that restricts the freedoms of the defendant in order to protect the safety and wellbeing of the victim. If someone has served you with a restraining order or protective order in Florida, it is important to read the order carefully. There will likely be restrictions listed in the order that you must follow for as long as it is in effect.
To learn more about what to do when served with a restraining order, schedule a consultation with one of the knowledgeable Attorneys at Leifert & Leifert today. A Wellington restraining order Lawyer could take the time to learn more about your situation and inform you of your legal options.
What to Do When Served with a Protective Order
Typically, the order a person is served with will be temporary and will stay in effect for approximately fifteen days until a hearing can be held on the merits of the claim. The Judge will hear evidence and determine whether the restraining order should remain in effect on a more permanent basis. A restraining order Attorney could help a Wellington resident make sense of the order and navigate the Court system so that their rights are protected.
What is Included in a Restraining Order?
There are a number of types of relief that a victim could potentially request in a restraining order. For example, the restraining order may:
- Prohibit contact with the petitioner
- Require the defendant to vacate the residence
- Establish temporary child custody and support
- Establish temporary alimony
- Require treatment
- Restrict gun ownership
Prohibiting Contact with the Petitioner
Every type of Florida restraining order prohibits contact between the victim and the defendant. This means that the defendant is not allowed to contact the petitioner by any means, be within 500 feet of the petitioner, or within 100 feet of the petitioner’s vehicle.
Establishing Temporary Child Custody, Child Support, and Temporary Alimony
If the alleged victim and the defendant have children together, the Court may set or modify custody on at least a temporary basis to ensure the protection of the child/children. The Court may also choose to set child support at the hearing.
In addition to child support, a spouse may request that temporary alimony be set at a hearing for a protective order.
Vacate the Residence
If the alleged victim and the defendant live in the same residence, the defendant may be ordered by the Court to move out.
The Court may also require a defendant to participate in treatment or counseling services
Restricting Gun Ownership
If a Judge orders a final injunction against an individual in Florida, the defendant may lose their right to own a firearm and be forced to surrender of any guns in their possession.
Get in Touch with a Wellington Restraining Order Attorney Today
While you are not required to have a Lawyer present at a hearing for a restraining order, it is generally a good idea to do so. A competent Wellington restraining order Lawyer at Leifert & Leifert will understand the nuances of the law, know which witnesses to call, what questions to ask, and how to approach the case in order to get you the best possible outcome for your circumstances.