If you are vulnerable to violence or abuse in Florida just go and file an application to get a restraining order. In other words, plead for an order from a court of law that will legally help you disengage from your current or prospective abuser.
Definition of a Restraining Order
A restraining order is a civil injunction. It helps victims of physical and sexual violence. Such an order is particularly useful in shielding the vulnerable sections and individuals of society. For instance, it is a very effective tool for securing divorce seekers or victims of domestic violence in particular. In addition, such an order also helps victims of stalking and kidnapping. Therefore, for easy understanding, it will be appropriate to define a restraining order as one that protects individuals from abusive situations and people.
- A restraining order is a legal tool for the protection of the vulnerable.
- It helps protect individuals from abuse or a situation in the future of likely abuse.
- Such an order shields victims in situations such as domestic violence legally.
- The order is for the protection of those who are either in an abusive relationship or apprehend abuse in the future.
What does a Restraining Order do?
The process of seeking a restraining order from a court of law requires the person filing the application to present his or her side of the story in front of a judge. In addition, friends and family have the right to depose and back the evidence provided.
- For instance, the applicant must bring witnesses and other individuals to testify in the case. The person against whom the application for a restraining order has been filed must appear in court after the judge has heard the applicant’s side of the story.
- In addition, the judge should be convinced about the merit of the case. After hearing both sides of the story, the judge passes the restraining order if the case demands.
The abuser could be asked to disengage from the victim completely. For instance, a husband guilty of domestic abuse will be asked to vacate the house. In addition, he cannot meet his children and disconnect from his wife in all forms of contact for a specified period of time. Finally, any violation of the order could land the abuser in prison, see here for more details.
- The court first hears the victim’s side of the story.
- The applicant must provide evidence and get other individuals to testify.
- The accused comes for cross-examination and present his or her side of the story only once the judge is convinced about abuse or fear of abuse.
- The accused has to disengage from the victim in all forms during the trial and after an unfavorable judgment.
- Disrespect of the order can invite a prison term.
How to Get a Restraining Order in Florida?
There are many law firms that specialize to help victims of domestic abuse get a restraining order. However, before approaching such a law firm understand the process involved. The first step requires the filing of an application in a civil court for grant of a temporary injunction. The hearing takes place within 15 days of the application filed. If the judge deems it fit, he passes an order to cross-examine the accused. The hearing for a restraining order does not require the presence of any lawyer.
- File an application in a civil court.
- The hearing takes place within 15 days of the application filed.
- The judge if convinced grants a temporary injunction and calls the accused to depose.
- There are law firms that help in filing the application for restraining orders in Florida.
- Filing of application and hearing does not require the presence of any attorney.
How Much does it Cost to Get a Restraining Order in Florida?
The application to seek a restraining order in Florida can be filed free of cost. In addition, the application forms required for this purpose are available for download online.
- No fee charged for filing the application.
- Application forms are available online.
How Long does it Take to Get a Restraining Order in Florida?
Based on merit, the judge hears the applicant within 15 days of the application filed. In addition, the judge also considers if a temporary injunction needs to be passed. The judge decides on the merit of the case and then calls the accused for cross-examination.
- The decision on the merit of the application rests with the judge.
- The applicant deposes within 15 days of filing the application.
- The deposition of the accused happens only after the judge decides on the merit of the application and after hearing the applicant.
Finally, Some Tips on how to Get a Restraining Order in Florida
- File an application the moment you sense trouble.
- Consult an attorney for advice.
- Be confident and honest while deposing.
- Take friends and family into confidence to depose in your favor.
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