Clearwater Domestic Injunctions/Restraining Orders Attorney
Violence between family members is a serious problem, and victims can seek an injunction or restraining order under Florida law. Call The Reep Law Firm if you are served with a restraining order. This is a critical time. Make one wrong step, and you can end up in jail facing even more serious penalties, as our Clearwater domestic injunctions/restraining orders attorney explains below.
A Closer Look at Domestic Violence Restraining Orders
A victim can seek a restraining order against a family member or member of their household who commits a violent act, such as:
- Assault or aggravated assault,
- Sexual assault,
- Battery or aggravated battery,
- Sexual battery,
- Stalking,
- Harassment,
- Cyberstalking or cyber harassment,
- False imprisonment, or
- Any other criminal offense resulting in bodily injury.
Florida allows alleged victims to obtain a temporary order without a hearing. This order is fully effective, which means the person restrained must abide by all conditions. Most restraining orders will prohibit you from calling or coming within a certain distance of the protected person and their family. You might also be ordered to leave the home and turn over your guns to the police.
Before a judge can enter a permanent order, however, you will have your day in court. We recommend hiring an experienced Clearwater criminal defense attorney to make your case. We can show the alleged violence did not occur, or that you were defending yourself. The alleged victim has the burden of showing a permanent order is necessary.
The police can arrest you if you violate a valid domestic injunction or restraining order. For example, you might stop by and visit the alleged victim or call them on the phone in violation of the order.
A defendant can face misdemeanor or felony charges, depending on their criminal history. For example, if this is your first violation, then you will likely face a misdemeanor charge, fines, and up to a year in jail. Some defendants face felonies if they threaten physical harm or if they are repeat offenders.
One misconception is that the protected person can unilaterally dissolve the injunction. That is simply not true. It remains in effect until a judge dismisses it. That means you cannot get back together with a former partner/spouse simply because they stop by your apartment or call you on the phone.
Call Our Clearwater Lawyers for Immediate Assistance
The Reep Law Firm can assist anyone facing a domestic injunction or restraining order. We see these arise in various contexts, such as family law disputes or divorce. You cannot simply ignore the order, which threatens not only your freedom but also your livelihood. Let us review what steps to take to protect your legal rights. We can demand a hearing and prepare to convince a judge the injunction or restraining order is not necessary.
Call Reep Law Firm today to schedule a consultation with a Clearwater domestic injunctions/restraining orders attorney with our office. Our founder is a former prosecutor who understands the different types of injunctions and how judges review the evidence at a hearing.
