Has a restraining order been issued against you? Are you unsure of what you can and cannot do? A restraining order is issued by the state court and orders one person from staying away from another person. A restraining order is also referred to as an injunction. Although most restraining orders are issued by a civil court but they are also related to the criminal system. The purpose of a restraining order is to protect the victim from future harm.
Some examples of cases that involve restraining orders are:
- Domestic Violence
- Dating Violence
- Sexual Violence
A restraining order can be requested not only by the victim themselves but anyone with a relationship to the abuser. Your official relationship with the alleged abuser does not matter. An example is that you do not need to be legally married to file a restraining order with someone you had a relationship with before.
If a restraining order has been filed and granted against you it is important to follow all guidelines. If a restraining order has been violated and the violation has been reported to the police, an investigation will take place within 20 days after they have been notified of the violation. After the investigation has been finalized all information will be sent to the State Attorneys office. The state attorney will decide whether criminal charges will be filed against the violator of the restraining order.
If the state attorney decides to file charges, the violator will be held in criminal attempt for disobeying the restraining order. The violator can be arrested.
Some examples of violating your restraining order are:
- Refusing to leave the victims home
- Going within 500 feed of the victims home, school, workplace, family member, or places that you know where victim will be at
- Committing violence against victim
- Threatening or acting violently against victim
- Attempting to contract victim in anyway that is not allowed by the restraining order
- Destroying victims property
After a temporary injunction has been filed against you, there will be a final hearing which a criminal attorney will be helpful to help guide you through the process and defend your interest before a full injunction is filed against you. Once a full injunction has been issued it will be issued indefinitely unless there is cause to believe that it should change. At this hearing you will be able to defend the allegations against and present any evidence to collaborate your story. An attorney will be beneficial to speak on your behalf.
At The Hoffman Firm, we have helped clients that have had a restraining order issued against them throughout South Florida. If you find yourself in this situation, it is important to have someone that will help and guide you through process. It is essential to have someone that will be your voice and has the experience of representing South Florida residents. We are dedicated to providing you with the best help and are compassionate of your needs throughout this process. Call us now at (305) 249-0090 or contact us online to set up your free, confidential consultation now.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More
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