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Obtaining a temporary restraining order for domestic violence

| May 23, 2019 | Violent Crimes |

Relationships are difficult. You’ve been trying to work things out with your significant other in your life. An argument escalated and turned into physical violence . . . something you never thought was possible.

Now that it has happened, you need to take steps to protect yourself, children and any other family members. You need to file an injunction or restraining order that prevents your former partner or spouse from doing more harm.

In domestic violence cases, judges issue injunctions/restraining orders to prevent the abuser from maintaining any contact with the abused. This is wise precaution if your former partner is angry, erratic and violent because it sets a clear standard that he or she must follow. If he or she violates the order, criminal penalties can apply.

Filing the restraining order

In the Florida legal system, anyone can file a restraining order, and therefore you don’t have to be married to obtain restraining order. You simply need a photo ID and you need to file the restraining order forms at a court in which you and the alleged abuser lives.

The temporary restraining order forms are comprehensive, so you need to take your time to correctly and completely fill them out. The judge reviews the filing and will determine if there is enough of a threat to the abused and then will issue a judgement. If the judge issues the restraining order, law enforcement will contact the abuser and then it will go into effect. On the other hand, if the judge denies the request and does not issue the restraining order, you can file a supplemental affidavit and a judge will review the case in a full hearing later. Once the restraining order is issued, the court will produce two copies of the injunction. The court files one copy and the alleged abuser will also receive a copy.

What the restraining order does

The temporary restraining order affords essential protection, so the abused can start organizing a new life without the abuser. The restraining order is in effect for 15 days. It specifies the distance must stay away from the victim, work, school and family members. This allows the victim to collect and move belongings from a shared residence. The abuser cannot contact nor approach the victim. It also protects the person because the abuser must surrender firearms and weapons during this process.

The abuser is put on record and if any subsequent violence occurs, then the victim has more power in any proceeding that may follow. You are now able to take the steps and move to the next stage in life without the abuser in it.

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