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How Judges Determine Whether to Issue a Restraining Order

Restraining Order and gavel

If you have been arrested for a domestic violence offense in Broward County, FL, one of the potential repercussions is having a restraining order (also known as an injunction for protection or protective order) against you, which restricts any contact or any other type of interaction with the alleged victim and his/her family. One type of domestic violence order is known as a “temporary (ex parte) injunction,” which is designed to grant a domestic violence victim immediate protection against the abuser.

An alleged victim must file a petition for a temporary injunction. The clerk will then give the petition to the judge, who determines whether an “immediate or present danger” of domestic abuse exists. In fact, even if the alleged victim has not suffered any harm or injury, a judge can still issue a protective order if he/she believes the petitioner is in immediate danger of becoming a domestic violence victim.

The following are the common factors the judge will consider granting a temporary injunction:

  • The relationship history between the alleged abuser and the alleged victim, which includes criminal history (e.g. physical abuse, harassment, threats, and stalking)
  • The alleged abuser’s criminal history, especially if he/she has been accused of a violent offense before
  • The alleged abuser has tried to harm the alleged victim or the victim’s family members or close associates
  • The alleged abuser has threatened to harm, kidnap, or conceal the alleged victim’s child(ren)
  • The alleged abuser has used or has threated to use a firearm or any other dangerous weapon against the alleged victim
  • The alleged abuser has destroyed the alleged victim’s personal property
  • The alleged abuser physically prevented or restrained the alleged victim from calling the police or leaving the home
  • Any other type of behavior from the alleged abuser that demonstrates the alleged victim is in immediate danger

Having a restraining order issued against you is very serious and can result in long-term consequences. It is imperative to hire an experienced criminal defense attorney to tell your side of the story and protect your rights and freedom.

Attorney Evan Hoffman of The Hoffman Firm has helped many clients avoid having restraining orders issued against them and get their domestic violence charges dismissed. Do not hesitate to let him provide the most effective and personalized defense strategy for your case today.

Facing a restraining order in Broward County? Contact our firm at (954)-737-3004 today and request a free initial consultation. Get more than 17 years of legal experience on your side!

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