If you, your children, and/or other family members are being threatened by your live-in partner or spouse, it is time to take legal action by obtaining an order of protection, also known as an injunction. If domestic violence or abuse has already occurred, taking action is truly urgent. In Orlando, Florida, and the surrounding area, the order of protection attorneys of Orlando Family Team are here to help keep you and your family safe. Contact us today for an immediate response.
As if divorce and restructuring the family unit were not difficult enough, too many divorces are complicated by some type of abuse or domestic violence. In such cases, it is doubly important to have the services of a skilled family law attorney to help you through.
What does an order of protection accomplish?
An order of protection can be a strong document when it comes to protecting you and your loved ones. It is designed not only to warn the offender that law enforcement has their eyes on him or her but will make it illegal for the threatening party to come within a certain distance of those who have been made to feel endangered.
Whether the offender has engaged in physical acts of violence or just convincingly threatened to do so, as your attorneys we will take steps to keep this individual from stalking, harassing, assaulting, or frightening you or those close to you.
Because we are aware that false accusations of domestic violence or abuse are often made as a means of leverage in a divorce, if you have been falsely accused, we will investigate and prepare a strategic defense.
Because once an order of protection is in place, the abusive party can be arrested for violating its stipulations, it is often possible to make confrontations non-existent. This will lower the tension level and give you time to think clearly about how to proceed. Our skilled order of protection attorneys can assist you in filing for divorce as well as filing for an order of protection.
Orders of Protection Can Be Customized in Florida
Florida courts are especially concerned with the safety and well-being of children, so the order of protection may warn the offender not only to stay away from the divorcing spouse’s home and place of business but also to keep a distance from their children’s schools.
Fortunately, orders of protection can be tailored to address specific situations, such as by prohibiting the threatening spouse from calling, texting, mailing or emailing you and by having that individual surrender any firearms he or she may own.
How We Will Assist You in Convincing the Court that You Require an Order of Protection
In order for the State of Florida to grant a protective order of protection for domestic violence,
the petitioner must be able to demonstrate that she or he has been a victim of domestic violence or reasonably believes herself or himself to be in immediate danger of becoming a victim. If the court is convinced of the need for the order of protection, the resulting order of protection may require, at least temporarily, that:
- The respondent (defendant) must leave the home (even if that individual owns the home) so that the rest of the family will be safe
- The petitioner be awarded 100 percent custody of the children
- The respondent provides support to the spouse and children
- The respondent surrenders all guns and ammunition
- The respondent attends a Batterers’ Intervention Program (BIP).
Temporary and Permanent Orders of Protection
In most cases, if you feel under direct threat of harm when you file for an order of protection, the court will grant you an ex parte (immediate, temporary) order until the next court date (usually in 15 days) at which time the court will decide whether to extend the temporary order or make it a permanent one. A so-called permanent order will last for a stated duration — typically 1 to 5 years.
The Kinds of Evidence that Sway the Judge in Cases of Orders of Protection
The court’s goal is to prevent domestic violence or abuse so it is likely to consider such things as whether:
- The petitioner or others in the household have been injured physically
- The petitioner or others in the household have been subjected to threats, harassment, stalking, or physical abuse by the respondent
- The respondent has threatened to kidnap, conceal or harm a child of the household
- The respondent has intentionally injured or killed a family pet
- The respondent has used or has threatened to use, any weapons (e.g. knives or guns) against any member of the household
- The respondent has physically kept the petitioner from leaving the home or from contacting law enforcement
- The respondent has a criminal history involving violence or the threat of violence
- There was a prior order of protection issued against the respondent
- The respondent destroyed personal property of the petitioner
Contact Our Experienced Order of Protection Attorneys Now
The safety of you and your children cannot be overstated. Don’t allow fear of reprisal to keep you from taking action. Get in touch with Orlando Family Team as soon as possible. We will offer you the powerful legal representation you need and the compassionate moral support you deserve.