Restraining Orders

What Are Restraining Orders? How Do They Work?

A restraining order, also commonly called an injunction or domestic violence order is an order from a court that can make one party perform certain acts or refrain from certain acts and behaviors. These are often heard as emergency motions because of the risk of irreparable harm involved. Domestic abuse cases often involve restraining orders.

What Restraining Orders in Jacksonville Florida Can Do

A restraining order is an emergency motion that can protect you and any minor children against domestic violence. A family law lawyer can help determine if this type of order is needed, or you can try and file for this type of order without legal help. A restraining order can:

• Order a person to stay away from your residence, place of work, and other known locations.
• Order no contact between you and the person, both directly and by using a third party.
• An order that the person stops any abuse that has occurred.
• Order the person to leave you alone and not harass, intimidate, or threaten you.
• Give you the placement of a child through temporary custody and 100% parenting time.
• Limit the person from contact with any minor children or order supervised visitation utilizing a third party.
• Order temporary spousal support and child support.
• Order treatment, counseling, and other appropriate interventions for the person when this is deemed necessary by the court.
• Give a referral for a domestic violence center that you can contact for additional help and resources.
• Order any other restrictions and/or actions deemed necessary to protect the parties and any minor children involved in the case.

What Happens if the Restraining Order is Violated?

If a judge issues a restraining order and the terms of the order are violated then there are penalties that can be enforced by law enforcement and the court. These can include:

• Criminal Charges- It is typically a misdemeanor to violate a restraining order but other felony charges could be brought as well such as aggravated stalking. A qualified family law lawyer can explain the specifics in your situation, and even help defend against these charges.
• Arrest and Incarceration- When a restraining order is violated and this is evident to law enforcement the offender can be arrested and jailed until a hearing in front of a criminal judge or the judge that issued the order.
• Additional Restrictions and Penalties

Do I Need a Jacksonville Family Law Lawyer to Get a Restraining Order?

If you already have an attorney involved in your case then this legal professional will normally be the one to file any emergency motions, and this includes restraining orders to address any domestic violence or threatening actions and behaviors. This type of order may be ordered in divorce cases, but it can also apply even if you have had no significant relationship with the person.

You can file emergency motions without a lawyer who specializes in family law but to do this you must make sure that everything is filled out properly, and that the process is followed step by step. The forms needed are available online. You will need to state why you are in danger of domestic violence, and the judge will determine whether a restraining order is appropriate.

Sacks and Sacks Family Law has helped thousands of clients stay safe and avoid domestic violence, and we can help you too. Call (904) 396-5557 today for a free consultation, and see what we can do to help you with your domestic violence and family law needs!

Sources:

“Florida Restraining Orders.” womenslaw.org https://www.womenslaw.org/laws/fl/restraining-orders Accessed 10 August 2020.

“Restraining Order FAQs.” myorangeclerk.com https://www.myorangeclerk.com/Divisions/Family/Restraining-Orders-FAQs Accessed 10 August