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Who Can Obtain a Restraining Order in FL?

Since domestic violence offenses involve certain violent crimes against family and household members, these parties may also obtain an injunction for protection against domestic violence. This type of injunction restricts a family or household member from contacting an alleged victim or his/her family members and orders that person to stay away from these parties.

A person can file an injunction for protection against domestic violence in Florida if:

  • The alleged offender is a current or former spouse
  • The alleged offender is a relative through blood or marriage
  • The alleged offender is someone who lives or has lived with the person (as if they were part of the family)
  • The alleged offender shares a child with the person

A person may also obtain an injunction for protection against a current or former same-sex partner in Florida. If a minor is interested in filing for an injunction, he/she needs a parent or legal guardian to file for one on his/her behalf.

If someone is not eligible to file for an injunction for protection against domestic violence, here are other types of injunctions the person may be eligible for:

  • Injunction against repeat violence – A person can file for this type of injunction if he/she knows someone who has committed at least two acts of violence or stalking against him/her or his/her immediate family and one of those two acts of violence has happened over a six-month period.
  • Injunction against dating violence – A person can file for this type of injunction if he/she has been abused or reasonably believes he/she is in imminent danger of being an abuse victim by someone who was a romantic or intimate partner within a six-month period.
  • Injunction against sexual violence – A person can file for this type of injunction if he/she is a victim of sexual violence.

If you have a restraining order issued against you, not only must you avoid contact or stay away from the alleged victim, but you may also have to give up the custody of your child or even your firearms. Additionally, being accused of domestic violence can significantly damage your personal life and professional reputation – even before you step foot in court.

Attorney Evan Hoffman is a former prosecutor who has more than 20 years of experience, protecting the rights, reputation, and freedom of his clients. He knows what it takes to help clients facing serious criminal charges avoid conviction or get their charges/sentence significantly reduced to avoid jail/prison time.

For more information about restraining orders in Fort Lauderdale or Broward County, contact The Hoffman Firm today at (305) 928-1669 and request a free initial consultation.

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