If you are in the midst of a divorce, you may be going through an incredibly difficult and complicated time with your ex-spouse. Through most divorces can be stressful, some divorces can turn volatile when one party turns violent, angry, or obsessive. These instances are far more common than you think, but they are also illegal. At Mitchell & West LLC, our Miami divorce attorneys have seen it all--and we understand just how frightening it can be to be on the receiving end of that anger and resentment. This is why we believe in exercising your legal right to file a restraining order and protect yourself from any harm that may come from someone who wishes to intimidate you or do you harm.
Filing a restraining order in Florida requires evidence and a presence of imminent danger of harm from the other party. Even if any abuse has not yet occurred, a history of threats and a precedence of violence can play a large role in determining whether there are grounds for domestic violence.
The following conduct is grounds for a restraining order in Florida:
- Destruction of property
- Kidnapping, criminal restraint, or false imprisonment
- Lewdness or sexual assault
- Criminal sexual contact
- Criminal trespass
What Steps Should I Take To Get a Restraining Order?
In order to get a restraining order in the state of Florida, you must follow a set of guidelines. The first step will be to select the type of restraining order you are filing, whether it may be domestic violence, repeat violence, sexual violence, or dating violence. Next, you must prepare and file the petition for protection in circuit court, in which you will include all of your allegations against the perpetrator, including dates and descriptions. At this point, if approved, the Florida judge will grant a temporary restraining order that is valid for 15 days.
Once these steps are taken, you will then prepare for and attend the court hearing, in which the judge will listen to all evidence and determine whether a restraining order will be necessary, and if so, for how long. This process can be a painstaking one, which is why it is vital to have an experienced and aggressive Miami divorce lawyer by your side. Fighting against your perpetrator and facing the judge alone may not only be intimidating, but it may risk the chance of your request for a restraining order to fall through due to insufficient evidence or an incorrect approach.
If you are considering filing a restraining order in the state of Florida, you will need a skilled and diligent Miami divorce lawyer to help you through this rather complicated process. At Mitchell & West, LLC, we are practiced in personally addressing your case by examining all details and constructing a game plan with the best outcome in mind. Filing a restraining order can be a nerve-wracking and worrying ordeal, which is why we are determined to help you through this difficult time with ease and comfort.
To speak to a representative today and begin the process of filing a restraining order, contact us today by calling 305.783.3301.