(561)988-8000 If you have been served with a protective order due to allegations of domestic violence, dating violence, sexual violence, repeat violence, harassment, stalking, or cyberstalking, it is best to seek skilled domestic violence attorneys right away. In fact, the early involvement of an experienced lawyer can make a significant difference in the outcome of a protective order hearing.
West Palm Beach protective order lawyers can help you mount a defense against any criminal charges stemming from allegations of violence and provide experienced representation at your hearing.
What is a Protective Order?
An injunction is a court order, which requires a particular person to continue or stop doing a specific action. A protective order, sometimes called a restraining order or Injunction, is a type of civil Order intended to guard against or prevent further abuse or violence by a particular person called the respondent.
Courts have broad discretion in creating the terms of the protective order and may grant such relief as the Judge deems necessary. Our West Palm Beach lawyers often see protective orders issued when an individual has committed acts of violence against the petitioner or placed the petitioner in fear of imminent harm.
Florida has five main types of protective orders–domestic violence, sexual violence, dating violence, stalking, and repeat violence. The requirements for obtaining an injunction for protection varies depending on the petitioner’s relationship with the respondent and the nature of the threat.
Protective Order Process
The process of obtaining a protective order begins with the filing of a petition for the appropriate form of injunctive relief. Once the petition has been filed, the court will determine whether to issue or deny an ex parte temporary injunction depending on whether there is an appearance of imminent and present danger. If the Judge grants a temporary injunction, a hearing will be set within 15 days and the respondent will be notified. Individuals should contact a West Palm Beach lawyer about their potential conditions and how protective orders may impact their future.
Common Restrictions
At the hearing for a protective order, the judge will determine whether to issue a permanent injunction and the respondent has the right to contest the allegations made by the petitioner. If the court decides to issue a protective order, the judge will place certain restrictions or conditions on the respondent. Some examples of common restrictions include, but are not limited to:
- Prohibiting respondent from contacting the petitioner (the person seeking the order)
- Ordering respondent to refrain from committing any acts of violence
- Awarding temporary custody of children to petitioner
- Awarding exclusive occupancy or use of home to petitioner
- Ordering respondent to surrender firearms
- Requiring respondent to attend counseling
If someone is facing restrictions and needs help understanding how they now need to act, a West Palm attorney could further explain this part of a protective order.
Differences From Other Orders
Not all protective orders are the same. A domestic violence protective order applies only when the parties share a specific relationship, such as spouses, former spouses, people who live together, or individuals who share a child. Other types of injunctions apply in different situations and do not always require a family or household relationship.
That distinction matters because the court looks at different facts depending on the type of order. For a domestic violence injunction, the judge focuses on whether there has been violence or a real threat of violence between family or household members. For other injunctions, the court may look at patterns of behavior, such as repeated incidents or a history of stalking.
Domestic violence injunctions also tend to carry broader restrictions. The court can order you to leave a shared home and even give up firearms. These terms can directly affect where you live, how you communicate with your children, and your day-to-day routine in general.
How Long Do Protective Orders Last?
The length of a protective order can vary. In most cases, the process starts with a temporary injunction. This is often issued quickly, sometimes without a full hearing, and it usually lasts about 15 days until the court holds a final hearing. Temporary injunctions have to result in a court hearing in short order, since the person impacted by the order has not had their day in court.
At that hearing, the judge decides whether to issue a final injunction. A final protective order does not always have a set expiration date. In many cases, it remains in place indefinitely unless one of the parties asks the court to modify or dissolve it.
Some injunctions may include a specific end date, but it is never a good idea to assume the order will end at that exact moment. The court has the power to extend an order, so it is best to check with an attorney before resuming any activities that were prohibited by the order.
If your circumstances change, you can ask the court to modify or terminate the order. This matters, given that the court will not generally terminate the order on its own. Your West Palm Beach attorney can file a petition with the court to show that the protective order is no longer needed.
Consequences of Violating an Order
Violating a protective order is not a minor issue. Even though the injunction itself is a civil order, breaking its terms can lead to a criminal charge. Under the law, willfully violating a domestic violence injunction is usually charged as a first-degree misdemeanor. That means you can face up to one year in jail, among other penalties. Most Judges in West Palm Beach will want to put you in jail if it is proven that you violated the Court’s Order.
The court takes a broad view of what it considers a violation. You could face charges for anything from going to a prohibited location to refusing to leave a home you share. Even indirect contact with social media, a text, or a pocket dial could be considered a violation depending on the wording of the order.
The consequences can become more severe if there are repeated violations. Multiple violations involving the same person can lead to felony charges, which carry the risk of longer prison sentences and higher fines.
Work with a West Palm Beach Protective Order Attorney
Although injunctions for protection are issued in a civil proceeding, a willful violation of an injunction is a first-degree misdemeanor punishable by up to one year in jail and $1,000 in fines. Furthermore, these injunctions are public record, which means they can be discovered by employers during a routine background check. A protective order may also adversely impact any pending divorce or custody proceeding.
The impact of a protective order can be felt for years to come. Knowledgeable attorneys are dedicated to protecting your rights and fight for the most favorable result possible in your case. Contact West Palm Beach protective order lawyers to discuss the specific circumstances of your situation and available legal options.
