Restraining Order Overview
Requirements for Filing a Restraining Order for Domestic Violence
If a person is the victim of any acts of domestic violence, or has reason to believe he or she is in imminent danger of becoming the victim of domestic violence (by a spouse, former spouse who no longer lives with you, relative, partner, former partner, boyfriend, or girlfriend, parent of your child), that person meets the requirements for filing a restraining order for domestic violence.
Requirements for Filing a Restraining Order for Repeat Violence
If a person has encountered two incidents of violence or stalking committed by the harasser would be considered appropriate parties for a repeat violence case.
Obtaining an Injunction for Protection
If you are the victim of domestic or repeat violence and meet the requirements listed above, you may file for an Injunction for Protection against Domestic or Repeat Violence.
If the judge grants your request, you will have a temporary restraining order. This will only be in effect until a full hearing can be held. You will receive a copy of the temporary order which will have the hearing date and time on it. You must be present at the hearing if you wish to continue the restraining order. Failure to appear may result in the restraining order being dismissed and you may be ordered to pay the costs involved. You should keep at least one certified copy of the restraining order with you at all times.
The person(s) you filed the restraining order against has the right to be present at the hearing. At the hearing, the judge will hear testimony from both parties, and may decide to continue the restraining order, or dismiss it. A restraining order shall remain in full force and effect until further order of the court.
Violation of the Restraining Order
If you have a temporary or permanent restraining order, and the restraining order is violated by the respondent, you should report the violation to the sheriff’s department. The case will be set for hearing and both parties will be required to be present at this hearing.
If you are a victim of abuse you need to contact our office at (850) 434-8904 and talk to one of our experienced family law attorneys that will guide you through the process of obtaining a restraining order.
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