Restraining Order Facts

Restraining Order Facts

Dealing with an abusive or threatening individual can be stressful but you can take control by obtaining a restraining order. A restraining order will give you the added protection you need against a violent person. Before securing an order, it is important to first understand the facts.

What is a Restraining Order?

In Florida, a restraining order is also known as an "injunction or protection" and is exercised by the courts as a means of protection for an individual, business, company or an establishment. The grounds for a restraining order usually involve the following alleged conduct:

  • Threats
  • Harassment
  • Assault
  • False Imprisonment, kidnapping or criminal restraint
  • Stalking
  • Sexual Assault, Criminal Sexual Contact or Lewdness
  • Burglary
  • Criminal Mischief, Trespassing
  • Damaging One's Property

A restraining order is issued by the civil court and instructs the named individual in the order to avoid contacting or coming within a certain distance (normally 500 feet). These normally help protect families with children in an abusive situation. Filing a restraining order is quick and free but it is important to consider legal assistance when you begin the process.

Understanding the Restraining Order

It important to understand the type of protective order and how it applies to your situation. The Florida courts have four types of restraining orders that address different kinds of violence:

  • Domestic
  • Repeat
  • Dating
  • Sexual

By request, the judge can restrain the offender in different forms including: vacating the home, refrain from visiting you at work, school or home, no contact via phone, text or email, or contacting you via a third party. You may also ask the offender to attend treatment or counseling, at their expense.

The Legal Process

If the order has been granted by the judge, papers will be served to the respondent. Once obtained, the individual must adhere to the requirements of the order. A hearing will be set (normally in two weeks) to determine whether the injunction should continue or be removed. It is significant for the victim to attend the hearing because it determines whether or not the order will continue. Otherwise, the request for the permanent order will not be heard and all of the temporary orders will cease. If you feel you can not attend the hearing, then consult with an attorney concerning your needs.

Leaving an abusive relationship or situation is never an easy task. By obtaining a restraining order you will have peace of mind knowing you and your family are protected. Do not hesitate to consult with us at The Holman Law Firm concerning your needs about filing a restraining order.

Stephen T. Holman, Senior Partner, and Justin T. Holman, Partner, are committed to providing the best legal service in Pensacola, Destin, Pace and Cantonment, FL in a variety of legal areas including Family Law and Personal Injury. We specialize in Fathers' Rights and will be there every step of the way to fight for your rights. Our office is located at 1940 W. Saint Mary Avenue, Pensacola, FL 32501. Contact us now for a free consultation at 850-435-6909 or go online at www.HolmanFirm.com.