If you are a victim of domestic violence, you can take legal action to protect yourself by obtaining a restraining order. Read on to learn more about the steps you need to take to obtain this court order for your protection and for the protection of any children you might share with the abusive party.
Prepare and file the petition: Preparation for a restraining order will require personal information about both the petitioner (you) and the respondent, including an address, place of employment, information regarding any children, and a physical description of the respondent to assist law enforcement in identifying the individual. The petition must also provide detailed allegations against the respondent as well as the relationship you have to him or her and dates of the incidents. A judge will review it immediately after it is filed and, under Florida law, will grant a temporary restraining order that is valid for 15 days.
Prepare for your court hearing: The court hearing will take place before the 15-day restraining order ends. If the respondent cannot be located, the court hearing and the temporary restraining order will be extended for another 15 days. To prepare for the hearing, you must gather any pertinent evidence, such as witnesses, phone records, or documents that support your allegations.
At the hearing: The respondent will also have an opportunity to provide evidence and object to and cross examine the petitioner’s witnesses. Afterward, the judge will issue a ruling based on the provided evidence. He or she can grant a restraining order for life, for a period of time, or deny the petition. If granted, the petitioner or respondent can file a motion to remove the restraining order if the situation changes.
Domestic Violence Attorney in Ocala, FL
Domestic violence should always be taken seriously. At the law office of Ami L. DiLorenzo, P.A., we handle domestic violence-related legal matters by taking a straightforward approach and acting aggressively to protect our clients’ rights.
Contact us today at (352) 437-2200 to schedule a free consultation.