Obtaining a Restraining Order in Florida
According to the Florida Department of Law Enforcement, there were 106,822 reported incidents of domestic violence in Florida in 2014. Some of those incidents resulted in death. Florida family law provides a way to protect yourself from escalating violence through the filing of a petition for injunction against domestic violence.
In order for a court to enter an order requiring that someone stay away from you, the court must find that you have been battered, assaulted or stalked, or that you have reasonable cause to believe you are about to become the victim of domestic violence. Once you file a petition for injunction, a temporary stay away order may be entered immediately with a hearing date set within a couple of weeks to determine if a permanent order should be implemented. While a Florida restraining order is in place, the perpetrator must remain more than 500 feet away from the victim's residence, school and place of employment. Additionally, the person accused of violence cannot contact the victim even indirectly through third parties. Failure to abide by an injunction can result in jail time for the offender.
Florida Domestic Violence Lawyer
If you are accused of domestic violence and an injunction is looming against you, your rights to your own property may be in limbo. A court may order you to vacate your own home even if the alleged victim is not on the lease or on the title to the residence - all without a hearing taking place. If you are the victim of violence, protecting yourself from increasing violence by seeking a restraining order is essential. The law provides ways to protect your financial stability if you need to escape an abusive home. If you need assistance as someone accused of violence or as someone who is experiencing it, contact Streets Law. Your safety and peace of mind are invaluable, and Streets Law is here to help you protect both.