We’ve all seen the shows where a disagreement between a couple escalates and the police arrive on the scene, only to be unable to assist with what they consider a “domestic issue”. In real life though, the situation is much different. Once called to your home on a claim of domestic violence or abuse, the process is not so simple. In fact, it can seem downright impossible to undo what’s been set in motion once the authorities are called. This is especially true if a restraining order has been requested and put in place. Even if the other side changes their mind, it takes legal maneuvering to get a restraining order lifted. So, it is important to know the requirements necessary to obtain an order in the first place.
The Florida law on temporary restraining orders sets forth several factors that must exist in order for a protective order to be issued. The top three requirements to obtain a restraining order in instances of domestic abuse are:
- Actual abuse has taken place.
● The victim has reasonable grounds to believe they are in imminent danger of further abuse.
● There is no need for a current case to be pending between the parties, the claim of abuse is enough to get a case started.
Truth is, it is relatively simple to obtain the order, but not as simple to have it vacated. This can result in an inability to go to your home and spend time with your kids and family. The good news is that at first the order is temporary, and a court date is set pretty quickly. This gives you a chance to tell your side of the story and have the temporary order lifted. In order to reach this type of favorable result you must establish a strong case in your favor. Doing so takes time and careful legal analysis. Protect your rights by taking quick action and calling an experienced defense attorney today.
If you have been served with a temporary restraining order, call our office to speak with a qualified criminal defense attorney. We help people charged with all sorts of crimes in Stuart and the Treasure Coast. Call today to schedule an appointment.