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When to seek a restraining order or order of protection
One of the most emotional areas of law we serve the community in deals with civil injunctions for protection. In Florida, an individual can seek an “injunction” (or more commonly known as a “restraining order”) against another individual in a few limited circumstances. In particular, an individual can seek the issuance of an injunction for:
- domestic violence;
- dating violence;
- stalking; or
- sexual violence.
Each of the foregoing grounds for an injunction requires certain legal matters that must be established in order for an injunction to be issued. To get started, you will need to file a petition with the circuit court for your county and upon review of your petition three things may happen:
- an automatic temporary injunction will be issued and a final hearing will be set whereat you must demonstrate as to why a final/permanent injunction should be entered;
- a temporary injunction will not be issued but a hearing will still be set whereat, you will be able to argue as to why a permanent injunction should be issued; or
- no injunction will be issued and your petition will be dismissed.
If you, or someone you know, may need to seek an injunction for protection, please do not be afraid to reach out for help. These issues can be very delicate and hard to deal with. As such, it is desirable to have an attorney on your side who can help you present your case effectively.
Also, if you, or someone you know, needs help in defending against a civil injunction for protection, we are also here to serve you. Having an injunction on your record can be detrimental as future employers may see it and may associate it with a violent character. Accordingly, it is crucial you are adequately prepared in these matters.
Again, we cannot stress enough the importance of this area of our practice enough; and therefore, we strongly encourage you to seek help if you need help dealing with this area of law.
Stay safe and do not be scared to ask for help.