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WHAT IS A PROTECTIVE ORDER / RESTRAINING ORDER?

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Section 741.30, Florida Statutes, defines domestic violence, creates a cause of action for obtaining a restraining order (also called a protective order or "injunction") and sets out guidelines for the restraining/protective order process. 

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Victims of domestic violence and those who fear becoming the victim of domestic violence may ask a judge for a restraining/protective order, which typically prohibits the Respondent (that is, the person who the victim seeks protection from) from contacting or being in close physical proximity to the Petitioner (the person seeking the protective order). Orders may also require the Respondent to vacate the family home and surrender shared property such as vehicles. Protective orders may also be issued in emergency situations.

 

A judge may issue a restraining/protective order without the Respondent being notified or present at the first hearing. Emergency protective orders are temporary, usually remaining in effect for only a matter of days. A temporary protective order can be converted to a long-term order after a judge conducts a hearing where the Respondent is notified and given the opportunity to respond to the allegations in the petition.

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WHAT IF THE RESTRAINING / PROTECTIVE ORDER IS VIOLATED?

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According to Section 741.31, Florida Statutes, intentional violations of protective order are punished as criminal acts and addresses circumstances where protective orders are violated. This means that a violator who does not abide by the terms of a protective order may face new criminal charges in addition to any charges resulting from the violence that motivated the victim to seek the protective order. Moreover, violation of a protective order in and of itself may prove to be a punishable criminal act.

 

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​​LEARN MORE ABOUT RESTRAINING / PROTECTIVE ORDERS

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Stan Peeler has handled an extensive number of domestic violence matters from the stand point of either obtaining protective orders or defending against a request for a protective order. Ramifications of protective orders can have far reaching effects, which is why it's crucial to secure an experienced attorney. Our office is available to personally meet with you and discuss discuss all protective order issues requiring consideration in your life. 

 

Call us at today 850-332-5555 or complete our online form here by providing us with the details of your legal needs.