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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 Attorney

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
  • Kidnapping
  • 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:

  • The child’s other parent
  • A 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 to receive 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, or 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:

Criminal Defense, including:

Restraining Orders in Florida: Frequently Asked Questions (FAQs)

Your petition should include detailed descriptions of the incidents leading to your request, any evidence you have (such as photos, text messages, or police reports), and any threats or behaviors that make you feel unsafe. Providing a comprehensive account will help the court understand your situation and determine the appropriate level of protection.

The timeframe for obtaining a restraining order can vary. Typically, the court will schedule a hearing within a few days to a couple of weeks after you file your petition. In urgent cases, the court may issue a temporary restraining order immediately, which provides short-term protection until a full hearing can be held.

If the respondent violates the restraining order, you should report the violation to local law enforcement immediately. Violating a restraining order is a criminal offense and can result in arrest, fines, or other legal consequences for the respondent. It is essential to keep detailed records of any violations and cooperate with law enforcement to ensure your protection.

Yes, a restraining order can be modified or extended if circumstances change or if you need additional protection. You will need to file a motion with the court explaining why the changes are necessary. The court will review your request and decide whether to grant the modification or extension.

While it is possible to obtain a restraining order without an attorney, having legal representation can be highly beneficial. An attorney can help you navigate the legal process, ensure that all required documentation is properly prepared, and advocate on your behalf during court hearings.

Yes, the respondent has the right to contest the restraining order. They may appear in court to argue against the order, present their side of the story, and provide evidence or witnesses. The court will consider both parties' arguments before making a final decision.

The duration of a restraining order can vary based on the type of order and the specifics of the case. Temporary restraining orders are typically valid for a short period, such as a few weeks, until a final hearing. A final restraining order can last for a longer period, often up to several years, depending on the circumstances and the court’s decision.

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