Different Types of Restraining Orders in Florida
The State of Florida has laws in place to protect the most vulnerable from harm and abuse. A restraining order, also known as an injunction or order of protection, is a legal tool individuals can utilize for protection against another individual. In this article, the Tampa domestic violence attorneys at Westchase Law, P.A. will discuss restraining orders, the different types of restraining orders, and what you need to know before you file a restraining order against another party.
What does a restraining order do?
The individual who files for the restraining order in Florida is called the petitioner. The individual who receives the order is called the respondent.
A restraining order is a court order that restricts the ability of the respondent to contact the individual under the protection of the restraining order. Such injunctions are crucial to protecting individuals from physical, psychological, or emotional harm.
Typically, the restraining order will restrict the respondent’s right to contact or be near the petitioner. Typical restrictions of a restraining order include:
- Requiring that the respondent cannot go near the petitioner’s home;
- Requiring that the respondent cannot go near the petitioner’s place of work;
- Requiring that the respondent cannot go to areas that the petitioner frequents, such as schools, religious institutions, or a family member’s house;
- Requiring that the respondent cannot contact the petitioner by phone, electronic communications, or even by way of a third party;
- Requiring the respondent to not possess a firearm or ammunition.
Different types of restraining orders in Florida
The petitioner has the burden of proving that the restraining order is necessary. An individual must have sufficient grounds for filing a restraining order against another individual. Domestic violence remains the most common reason anyone has to apply for an injunction for protection.
Dating violence is another possible reason an individual may have to file a restraining order. Dating violence can include physical harm, psychological abuse, and emotional abuse. However, the petitioner and respondent don’t physically live together.
Sexual violence is also grounds for a restraining order in Florida. While sexual assault or battery can be a component of a domestic violence case, sexual violence injunctions are different restraining orders in Florida.
The State of Florida also recognizes the danger posed by stalkers. Stalking includes harassment and cyberstalking. The law provides for stalking injunctions for those at risk of harm.
Repeat violence, which is considered to be different from domestic violence, is also grounds for a restraining order in Florida.
In Florida, you can apply for a restraining order on behalf of a minor child who is the victim of sexual violence, stalking, or repeat violence.
Talk to a Tampa, FL Domestic Violence Attorney Today
The Tampa, FL family attorneys at Westchase Law, P.A. represent the interests of victims of domestic violence when filing restraining orders against their abusers. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.
