Restraining Orders in Florida
Our Fort Lauderdale Divorce Attorneys Can Help You File for an Order of Protection
Domestic violence affects the lives of millions of people every year. Many studies show that when a domestic violence victim seeks to permanently leave the abuser, this commonly triggers the most serious forms of abuse including homicide. Statistical reporting suggests that permanent separation raises domestic violence lethality to its highest level making permanent separation the most dangerous. In order to get the victim to safety and allow them to take necessary legal measures for long-term protection, they may seek a domestic violence injunction (restraining order) against their abuser, according to Florida state law. These orders of protection provide a court-order means to prevent future abuse and frequently provide legal remedies to address issues like child support, custody, and temporary use and occupancy of a residence. Arcaro Law Group cares deeply about your safety and security. We can help you file for this important and, in some cases, life-saving protection.
Need help filing for a restraining order? Trust our Fort Lauderdale divorce attorneys. Call (954) 800-2880 for a confidential consultation.
What Is a Restraining Order?
A restraining order, referred to as an injunction for protection against domestic violence in Florida, requires that the individual it is filed against remains a specific distance away from the one who obtained the injunction. While restraining orders are non-criminal procedures, they are legally binding and violating the order will likely result in criminal charges. Restraining orders are granted to a person when there is sufficient evidence that domestic abuse has taken place within the relationship in some way.
Some examples of abusive conduct include:
- Sexual assault
- Verbal harassment
- Destruction of property
Timothy Arcaro was one of the original members of the Florida Coalition against domestic violence and served on the Governor’s Domestic Violence Task Force. He created one of the first courses offered to law school students on domestic violence over twenty years ago. Laura Arcaro has successfully represented multiple victims in Florida domestic violence proceedings in obtaining injunctive relief from domestic violence. Arcaro Law Group members have spent more than a decade assisting clients with legal matters, including restraining orders and divorce. In fact, our skilled attorneys have more than 35 years of combined experience practicing family law specifically, so we have the knowledge and resources to help you.
How Does a Restraining Order Affect Your Child Custody Case?
Whether you are considering filing a restraining order because of domestic abuse, or if you have had a restraining order filed against you, there are legal considerations you should be aware of when it comes to an impending child custody dispute. Injunction proceedings for domestic violence orders require personal service and an evidentiary hearing for the court to determine the merits of the allegations. The evidentiary hearings are designed to take place two weeks after the respondent is served with the injunction. This means that domestic violence cases move quickly to full and complete resolution by trial. If you are seeking an injunction or served with one, you must be prepared to act fast if you are seeking legal representation. The issuance of a final injunction could impact employment status, living arrangement, and child custody proceedings. Florida law specifically sets forth circumstances in which a judge may lawfully consider domestic violence as a factor in deciding parental rights and timesharing. In Florida, litigants are not entitled to court-appointed lawyers in civil injunction proceedings. If an injunction is filed and granted, it may have a significant impact on specific outcomes of your case, including child custody and visitation, child support, alimony, and division of property.
Contact our compassionate divorce attorneys in Fort Lauderdale at (954) 800-2880 to find out more about how a restraining order may impact your divorce.