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Ft. Lauderdale criminal attorney, Michael Dye, has experience prosecuting and defending civil domestic violence restraining orders and other injunctions. For additional information, please contact us at: The Law Offices of Michael A. Dye, PA, 1 East Broward Boulevard #700, Fort Lauderdale, FL 33301 (954)990-0525
An order of protection is more commonly known as a “restraining order.” A restraining order is a type of injunction. Restraining orders are filed at the clerk of the court. All solicitor are heard by the circuit court. There is no cost to file a restraining order. The party filing the injunction is known as the “petitioner.”
Restraining orders are filed at the clerk of the court. All solicitor are heard by the circuit court. There is no cost to file a restraining order. The party filing the injunction is known as the “petitioner.”
All of the statutes listed above specifically authorize an individual to represent himself or herself. Is that a good idea? Absolutely not . A party represented by an attorney definitely has an advantage over an individual without an attorney.
Stalking Restraining Order. Florida Statute 784.0485 creates a cause of action for an injunction for protection against stalking; The term “stalking” is defined in Florida Statute 784.048; The cause of action for an injunction for protection against stalking also includes cyberstalking.
A temporary restraining order is also known as an ex-parte restraining order.
The first step in getting an injunction is to file a Petition. The “Petitioner” is the individual requesting the injunction and the “Respondent” is who the injunction would be against. The Petition for Protection is simply the allegations. Domestic violence restraining orders are given a priority and are usually reviewed by a judge within a couple of hours. The judge only reviews the petition for the legal sufficiency of the allegations. Essentially, this means the judge assumes that everything in the petition is true. The court will issue a temporary injunction if the allegations would be grounds to issue a final injunction. A temporary restraining order is also known as an ex-parte restraining order. The court does not make an effort to determine whether the allegations are true at this stage. A return hearing must be scheduled within 15 days in order to comply with the Respondent’s right to due process.
Domestic violence restraining orders are given a priority and are usually reviewed by a judge within a couple of hours. The judge only reviews the petition for the legal sufficiency of the allegations. Essentially, this means the judge assumes that everything in the petition is true.
Florida Statute 784.046 creates a cause of action for repeat violence injunctions; A Petition for Protection Against Repeat Violence is used when the Respondent is not a family member. Common examples are co-workers, roommates, schoolmates and neighbors; Florida Statute 784.046 (1) (b) defines repeat violence as as “two incidents ...
Florida Statute 784.046 creates a cause of action for a Petition for Protection Against Sexual Violence; Sexual Violence is defined by Florida Statute 784.046 (1) (c) as “any one incident of Sexual battery, as defined in chapter 794;
An Injunction for Protection is a Court Order, often referred to as a restraining order, that places restrictions on an individual who has allegedly committed acts or made threats of violence against another individual.
Once a Petition for Injunction Against Violence has been filed in our office, it will be processed and sent directly to a judge for review. To obtain the written response from the judge, please return to Room 320 at the Downtown Orange County Courthouse to pick-up a copy of the order (decision). Generally, a decision will be entered by the judge on the same business day, if the Petition is filed in our office before 1:00pm. Otherwise, a decision should be available within 24 hours. In the event of an imminent threat, please contact 9-1-1 for immediate assistance.
Provide a summary of any recent violence or stalking that the Respondent has committed against you.
The Family Services Injunction team helps those affected by domestic, repeat, sexual, dating and stalking violence obtain injunctions for protection. Injunctions are commonly referred to as "restraining orders."
Call 911 if you are in immediate danger. Contact Harbor House 24 hours a day by calling 407-886-2856. File a Petition for Violation of Injunction if you believe the restraining order is being violated by the respondent. Your abuser may monitor your internet use.
If the Judge grants a restraining order, it may be in effect for an indefinite period of time or may expire on a specific date.
If you are a minor under age 18, one of your parents or your legal guardian must file the Petition on your behalf.