When situations escalate and become heated, the results can be catastrophic. Often times when couples or families fight, emotions run high and sometimes police intervention is requested. The problem with jumping the gun and calling for help is that once the authorities arrive, it is difficult to rewind the charges when cooler heads return. If you are the subject of a restraining, or protective order, you have to take action quickly so your access to people and places isn’t restricted.
The Florida law that governs temporary restraining orders sets for the circumstances under which a protective order is requested. A potential “victim” of domestic abuse may petition the Court for a restraining order when:
- The person is being abused, and is therefore a victim of abuse.
● The person has reasonable belief that potential and immediate abuse will be mad upon them.
● There is no requirement that an action be pending between the parties in order for a petition to be filed.
An order can be entered when the above facts are established, and it is no defense to the issuance of the order that the alleged perpetrator has left the residence. This creates a significant problem for families, because access to your home and/or children can be denied. The initial order is temporary, and the Court will set a hearing to determine if a permanent order is warranted. This hearing is your chance to tell your side of the story and have the matter resolved in your favor. A favorable result is one that allows you to reenter your home, and interact with your family. You will also want to avoid any harsh financial penalties that sometimes go along with a protective order. In cases where spouses are kept apart, it is with the Court’s discretion to order financial support. This creates two separate homes for your family, both requiring support. To make sure your rights and wallet are protected, contact a skilled criminal defense attorney and create a defense that works!
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.