Domestic violence is not something to take with levity hands, and anybody in such a situation must find ways to protect themselves. If you are scared of a violent partner or anyone for that matter, you should make moves to file a petition for a restraining order. You can get this done with the help of a family law practice in Orlando. Even though the order does not exactly prevent the abuser from stalking the victim, it, however, gives the victim the power to call the authorities if their partner violates the restraining order. If the abuser gets within a close distance to the victim, gets in touch with the victim, damages the victim’s property or even gets within a certain distance of where the victim is, a restraining order may be considered violated. With a domestic violence restraining order, the abuser can get arrested and be in police custody until a bail hearing is held for them.
One of the most common motives for domestic violence is divorce where the victim is trying to quit the abusive relationship. Florida is a no-fault divorce state and allegations of domestic violence is not a major factor for marriage dissolution by the courts. Domestic violence only influences court decisions such as child support, child custody, child visitation, and alimony.
Florida courts make those who petition for domestic violence protection a priority, and in most cases, after several hours of filing the petition, a judge will review it. If the petition satisfies the judge even though it is one-sided, they will grant the injunction or sign a temporary order. The sheriff then serves the respondent (the abuser) with the petition which means it is illegal and against the law for the abuser to get close to the victim under no circumstance.
After 15 days, both the respondent and petitioner have to appear in court to argue their case at an evidentiary hearing. After this hearing, the court will decide to either keep the injunction for a specific period or throw it out of court. This is where you need an experienced legal representative from a family law practice in Orlando.
Domestic violence injunction during a divorce can lead to one of the parties not getting to spend enough time with their child or even losing their parenting rights. This is why it is essential to have the best family law practice in Orlando beside you to fight on your behalf.
If you ever need a restraining order, or if someone you got a restraining order against has violated it, or you want to appeal the restraining order that someone has filed against you, Frank Family Law can help you. Our experienced attorneys in Family Law Practice in Orlando will help with anything you need. All you have to do is call 407 629 2208.