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.
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.
Certain criminal charges seem more socially unacceptable than others. Being arrested for a sex crime or having a victim’s protective order (VPO) issued against carry certain stigmas that are considered socially unacceptable. Your reputation is at risk in these types of cases, and harm to your good name can create a domino effect in your life. Your marriage will be impacted by a restraining order and depending on the type of job you have you could face suspension from work. These negative consequences don’t have to happen. With the right criminal defense team, you can come out the other side in a good position.
The best way to defend against a restraining order is to be prepared. Defense includes:
● Follow the terms of the order until you appear at the hearing, failing to do so can result in loss of contact with… Continue reading
Most times a victim’s protective (VPO) order isn’t worth the paper it’s written on. This is usually because these orders are considered domestic disputes and the authorities are hesitant to get involved. Or, with a truly volatile person, being served with the documents does nothing to keep them away from the other person. In fact, some people are only further angered by being served with a protective order. So the question becomes, is it even worth getting a protective order and if it is, should you keep it in place?
A recent news story illustrates a case where after the initial restraining order was in place, the “victim” decided not to pursue a permanent order. The wife of Florida Congressman Alan Grayson has decided to drop her request for a permanent restraining order for an altercation she claims took place in March.… Continue reading
Technically a divorce proceeding is a civil case. But there are instances where the parties may not act so civilly. Divorces can be emotionally charged, and when one of the parties acts out on that emotion the need for a restraining order may arise. The attorneys at the Ferraro Law Group are able to identify when circumstances warrant a formal request that your ex-spouse be prohibited from contacting you as opposed to the ordinary emotions that go along with changing your family’s status. When necessary, we aggressively protect you and your family by seeking orders that keep you safe.
A recent news report tells the story of one Judge’s granting of a temporary restraining order against a well-known politician. Democratic Rep. Alan Grayson was recently ordered to stay away from his wife of 24 years. Additionally, the Court gave temporary custody of the couple’s… Continue reading