Restraining Orders Attorney In Stuart, Florida
Our committed restraining orders lawyer in Stuart, Florida aggressively pursues restraining orders on behalf of our clients to ensure their safety is a top priority. At the Law Office of Denise Miller, we understand how difficult it can be to reach out for help when you are being threatened or harmed by someone you love or have had a relationship with.
You have the right to move forward with your life safely and with confidence, and our Martin County and Stuart restraining orders lawyer will help get you there with compassion and support, so you do not have to go through this difficult process alone.
Are There Different Types of Restraining Orders In Florida?
Restraining orders, also called protective orders, are legal injunctions that are issued through the Martin County Court Special Services Division. These restraining orders are designed to protect an individual or family from future violence being perpetrated by the person for whom the order is established.
Restraining orders are implemented to establish a no-contact rule, legally ordering the threatening or abusive individual to stay away from the person who filed the order.
In the State of Florida, there are four different types of restraining orders, including:
- Dating violence
- Domestic violence
- Repeat violence
- Sexual violence
Each restraining order and its request will be determined based on the relationship of the individuals involved.
Florida Restraining Order Type One: Dating Violence Protective Order
Florida dating violence restraining orders are reserved for individuals who have previously dated, or who are currently dating. These individuals must have been involved in a continuing and significant intimate or romantic relationship.
That determination is made by evaluating the following components of the relationship:
- Both parties dated within the past six months
- The relationship involved the expectation of affection or sexual involvement
- The parties were involved with one another over a continuous amount of time
Florida Restraining Order Type Two: Domestic Violence Protective Order
Florida domestic violence restraining orders may be issued by the court if a family member or household member commits one or more of the following acts of violence against another family or household member:
- Assault, including:
- Aggravated assault
- Sexual assault
- Battery, including:
- Aggravated battery
- Sexual battery
- False imprisonment
- Stalking, including:
- Aggravated stalking
Domestic violence restraining orders in Florida can only be filed by individuals with a specific relationship with the abuser.
The domestic violence victim must be a:
- Child’s other parent
- Cohabitant or former cohabitant; someone with whom the abuser has lived — not a roommate
- Current or former spouse
- Relative by blood or marriage
Florida Restraining Order Type Three: Repeat Violence Protective Order
If there are two instances of violence committed by the same abuser against the victim — or his or her family — one of which occurred within six months of filing for the protective order, the victim may file for a repeat violence restraining order, no matter their relationship with the abuser.
Florida Restraining Order Type Four: Sexual Violence Protective Order
Sexual violence restraining orders can be filed by the injured party whether criminal charges were filed, reduced, or dismissed against the person who allegedly harmed them sexually.
The acts that are subject to filing a sexual violence restraining order in Stuart, Florida include:
- Any forcible felony involving a sexual act, including attempting such an act
- Lewd or lascivious act committed upon or in the presence of someone younger than 16 years of age
- Luring or enticing a child
- Sexual battery
- Sexual performance by a child
How Do I File A Restraining Order In Stuart, Florida?
Restraining order requests are often highly emotional, and because of the circumstances surrounding their need, can invoke fear and anxiety in the person who needs protecting.
At the Law Office of Denise Miller, our Stuart, Florida restraining orders attorney will do all of the work on your behalf, so you can focus on your safety. We will present the applicable evidence to the courts, including police reports, witness statements, photos or videos of the abuse, threatening voicemails, emails, or text messages, and your overall statement to support the immediate need of receiving the order of protection you deserve.
At no point in time will you have to go through the legal process alone, as our Stuart restraining orders lawyer will be with you during filings, court hearings, and legal decisions, so you can focus on getting your life back without being afraid of your abuser.
Contact Our Experienced Stuart, Florida Restraining Orders Lawyer Today To Schedule A Free Consultation
If you have been hurt by a family member, spouse, partner, or have had any person harm you or threaten you physically or sexually, contact our experienced Stuart restraining orders attorney today at 772-934-6007 to schedule a free consultation and learn how we can help begin the protective order process immediately. Your safety is important to us. Let us provide the help you need to protect it today.
At Law Office of Denise Miller, our criminal and family law firm in Stuart, FL focuses on the following practice areas:
Family Law, including:
- Child Custody
- Child Support
- DCF/Dependency cases
- Post Judgment Modifications
- Spousal Support
Criminal Defense, including: