Orlando Restraining Order Lawyer
Florida law has a civil process in place for victims of violence to seek an injunction for protection–commonly known as a “restraining order””–against their attackers. If you are the target of such a restraining order, you are likely to find it imposes significant restrictions on your daily life. And you could face serious criminal sanctions if you violate any of the restraining order’s terms.
For these reasons, it is essential that you work with a qualified Orlando restraining order lawyer who can advise you of your legal rights and represent your interests in court. The Joshi Law Firm, PA, represents people throughout Central Florida who have been the subject of injunctions for protection. We can help ensure that you understand your obligations under the law and help you to avoid a situation where you might inadvertently be found in violation of a lawful court order.
How Injunctions for Protection Work in Florida
A restraining order is designed to protect an individual (the petitioner) who has been the victim of physical violence or has been placed in imminent fear of such violence. The order itself bars the target of the order, known as the respondent, from having direct contract with the petitioner. This includes not only physical contact, such as going to the petitioner’s home, but also any telephone calls, e-mails, text messages, and so forth.
Florida law provides for four different types of civil restraining orders: domestic violence, sexual violence, dating violence, and repeat violence. Each applies to a different category of respondent. But they all have a similar legal effect.
Typically, a petitioner will file for a restraining order ex parte, meaning a court can issue a temporary injunction for protection without hearing the respondent’s side of the story first. This temporary order only remains in effect until the judge can hold a formal hearing, at which time the respondent has a right to appear, object to the restraining order, and present evidence in support of their objection. The court will then decide if a final restraining order is justified.
Even though a final injunction for protection is not considered a criminal punishment, it can still have a significant impact on your life as the respondent. For example, you may not be allowed to legally possess weapons or ammunition. If you previously lived with the petitioner, you can be forced to leave your residence. If you and the petitioner have minor children, your custody and visitation rights may also be affected.
Most importantly, if you violate any terms of the restraining order, you can be arrested and charged with a first-degree misdemeanor, which carries a potential sentence of up to 1 year in jail. In certain cases you might even be charged with stalking, which is a second-degree felony that carries a maximum sentence of 15 years in prison.
Reach Out to Our Orlando Restraining Order Lawyers Today
If you are the target of a petition for an injunction of protection, you need to be proactive in asserting your legal rights. Your fist step should be to speak with an Orlando restraining order lawyer. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.
