Domestic violence can create an impossible situation in the home. It can also create a dangerous situation for you and your children. If you have been a victim of domestic abuse in Orlando, FL, you may be entitled to obtain a restraining order to protect yourself. An experienced Orlando orders of protection lawyer at Conti Moore Law Divorce Lawyers, PLLC, can help you throughout the entire process.
Between us, our lawyers have over 50 years of experience helping clients navigate complex and sensitive family issues. We would be proud to stand up for you.
You don’t have to handle this difficult process alone. To learn more about how an experienced lawyer can help, contact our law offices in Orlando, Florida, to schedule a free consultation today at (407) 831-0203.
How Conti Moore Law Divorce Lawyers, PLLC Can Help With an Order of Protection in Orlando
Domestic abuse and violence can create an incredibly difficult situation for your family. When you fear for your safety, every aspect of your life can be impacted. Obtaining an order of protection can give you peace of mind and prevent further violence.
At Conti Moore Law Divorce Lawyers, PLLC, we know that it can be difficult to navigate these challenging circumstances alone. Our Orlando family lawyers are well-prepared to help you navigate the legal system and obtain the protection you need.
When you hire our legal team to support you, you can trust that we will:
- Listen to your story and provide quality legal advice
- Determine which type of protective order is right for your situation
- Gather evidence to support your petition for protection
- File the paperwork necessary to request protection
- Advocate for your rights at a hearing before a judge
- Handle an appeal if the judge denies your request for protection
Are you ready to take the next step? Contact our Orlando family law attorneys to schedule a free initial consultation today.
What Is an Order of Protection in Florida?
An order of protection is more commonly known as a restraining order. Orders of protection are designed to protect victims of abuse. Typically, they are imposed to prevent the alleged abuser from contacting the person requesting the protective order.
- Contacting the alleged victim by phone, email, or text
- Confronting the victim in person
- Visiting certain locations where the victim is likely to be present
- Committing any acts of violence against the victim
- Owning a firearm
- Stalking or harassing the victim
If the victim and the restrained person share a home, the order can also order the restrained person to leave the premises. Depending on the circumstances, the judge may also order the restrained person to continue contributing to household expenses.
Several different types of protective orders may be available depending on the facts. At Conti Moore Law Divorce Lawyers, PLLC, our injunction lawyers in Orlando can help you determine the correct order of protection that may be available in your case.
Our Orlando injunctions lawyers often help clients obtain orders of protection to prevent:
- Domestic violence
- Dating violence
- Sexual violence
- Repeat violence
- Stalking and harassment
Do you have questions about your options for obtaining a restraining order? Have you been subject to a restraining order for actions you did not commit? Our Orlando domestic violence lawyers are here to help in any way we can. Just call our law firm to schedule a free case review to explore your legal options today.
Types of Protective Orders
Our lawyers handle all types of protective orders. It’s important to make sure you’re seeking the correct type of restraining order or the judge could deny your request for protection.
Protective Orders Based on Domestic Violence
Domestic violence restraining orders are a common type of protective order. However, you’re only entitled to seek this type of order if you share certain types of relationships with your abuser.
Domestic violence restraining orders can be filed against:
- Spouses and former spouses
- Family members, whether by blood or marriage, if you shared a household with the alleged abuser
- Family members in your household
- Your child’s other parent
Have you been a victim of domestic violence? Let our lawyers help you stop the abuse. Contact our Orlando orders of protection attorneys to learn more about how we can help you through this difficult time.
Restraining Orders To Prevent Dating Violence
Not all violence involves a family relationship. Often, violence occurs between two people who have never been married, share no children, and have never even lived together.
You may be entitled to obtain an order of protection to prevent dating violence if all of the following are true:
- A dating relationship existed within the previous six-month period
- The nature of the relationship was characterized by the expectation of affection or sexual involvement between the parties
- The relationship must have been continuous over time, based on the frequency of interactions over time
You may be entitled to obtain an order of protection against dating violence if you have reasonable cause to believe you are in imminent danger of becoming the victim of dating violence. That’s true even if you have never been the victim of a previous act of violence.
Orders of Protection Against Sexual Violence
Victims of sex crimes also have the right to seek orders of protection against their attackers. In these cases, you won’t have to prove that you shared a specific type of relationship with the attacker.
Orders of protection against sexual violence may be issued if you were a victim of sexual violence and one of the following is true:
- You reported the attack to the police and are cooperating with their investigation
- Your attacker was sentenced to prison, and that prison sentence has either been completed, or your attacker will be released within 90 days
The term “sexual violence” means any type of sex crime, including rape, sexual battery, luring or enticing a child, sexual performance by a child, or any other forcible felony involving unwanted sexual contact.
Orders of Protection Based on Repeat Violence
An order of protection based on repeat violence may be granted if:
- The restrained person has committed at least two acts of violence or stalking against the person requesting the order
- One of those acts occurred within the previous six months
You can obtain an order of protection based on repeat violence if the act was committed against an immediate family member
Orders of Protection Based on Stalking
Stalking can be nearly as disruptive as physical violence. If someone is threatening you and you are suffering emotionally, call our lawyers to determine whether an order of protection is right for you.
Process for Obtaining an Order of Protection in Orlando, Florida
Requests for a domestic violence injunction can be filed online. Our lawyers will gather the evidence to support your claim. After reviewing the facts, the judge may decide to grant a temporary restraining order (TRO) until a full hearing can be held. That order can last a maximum of 15 days.
Within 15 days after filing an injunction for protection, the judge will schedule a hearing. You have the right to be represented by an attorney at the hearing. Both you and your alleged abuser have the right to present evidence.
Based on that evidence, the judge determines whether to grant or deny the petition for injunction. If the petition is denied, our lawyers can help you appeal the denial.
Penalties for Violating an Order of Protection
Judges can grant restraining orders even if the accused person has not been arrested or convicted of a crime. Once the restraining order is in place, however, violating its terms is a criminal offense.
First offenders can be charged with a first-degree misdemeanor for violating the terms of the protective order. Repeat offenders could be charged with a third-degree felony under Florida criminal laws.
Can Conti Moore Law Divorce Lawyers, PLLC Help if I Was Served With a Restraining Order?
Not all allegations of abuse are legitimate. After a Florida court decides to grant an order of protection, it’s important to seek legal advice. The order of protection can impact your life in a variety of unexpected ways.
If the order of protection is finalized, consequences may include:
- Loss of child custody or visitation rights
- Court-ordered anger management
- Drug and alcohol testing
- Loss of your right to own a firearm
- Restrictions on your ability to visit certain locations
If you have been falsely accused of domestic violence, it’s important to contact a lawyer quickly. You may have as little as 15 days to build your case. To learn more about how we can help, give us a call today.
Contact an Orlando Orders of Protection Lawyer for a Free Consultation
Violence or the threat of violence is never acceptable. If you have been a victim or were falsely accused, contact Conti Moore Law Divorce Lawyers, PLLC, for a free consultation today. With an experienced Orlando order of protection lawyer by your side, you’ll be much more likely to reach a fair outcome.