domestic violence & divorce

What You Need to Know Before Filing a Restraining Order

Although there are many reasons people have for filing injunctions in Florida, one of the most common is due to domestic abuse or domestic violence. If you are a victim, you have the right to file a restraining order against your abuser. However, it is not as easy as it may appear which is why, as a lawyer experienced in restraining orders, we put together this information.

In Florida a Restraining Order is Called an Injunction

And there are six different types of injunctions in Florida. You do not need to be married to or living with someone in order to file for an injunction. However, if you are a victim of domestic violence or abuse, you will likely file for a domestic violence injunction which aims to protect you from any crime that could result in your injury or death. Other types of injunctions in Florida include:

  • Dating Violence Injunction
  • Sexual Violence Injunction
  • Repeat Violence Injunction
  • Stalking Injunction
  • Exploitation of a Vulnerable Adult Injunction

Because the court can not provide you with advice as to which type of restraining order suits your situation or how to complete the paperwork, it is a good idea to hire an experienced lawyer.

What Can Be Included in Your Petition

Most people think of a restraining order as something the bars one person from having contact with another person. However, injunctions in Florida can also bar someone from your place of employment, child’s school, or site where you or they have their activities such as a gym or field. If you know that your abuser has firearms, you can request that they be surrendered too.

A Temporary Injunction Happens First

Upon your filing of the injunction, a judge will review the information you provided and decide whether to issue a temporary order. This temporary injunction is valid until the court hearing when the respondent has a chance to defend themselves. You must also appear at this hearing and you can bring witnesses and evidence to the hearing. At the end of the proceeding, the judge will decide whether to issue a permanent injunction or one for a set time period. They can also choose whether to include all aspects you request or parts.

Wagstaff & Pitelis Has Experience in Restraining Orders

No one should fear for their safety. Even though an injunction cannot keep you completely safe, it can help protect you. If you are a victim of abuse, you want an knowledgeable lawyer on your side. Call Wagstaff & Pitelis for help filing for an injunction anywhere in Pinellas County today – (727) 584-8182.