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Orlando Orders of Protection Lawyer
Domestic abuse and violence in the household are never acceptable. Often, it’s impossible for victims in Orlando, FL to stop the abuse without obtaining a restraining order from the courts.
If you have questions about your legal options, call an experienced Orlando orders of protection lawyer at McMinchen, Cinami & Demps for immediate assistance today.
Our lawyers have over 50 years of combined experience helping clients with complex and sensitive family law matters. You can be confident that we’ll explore every solution for your individual case or situation.
We’re here to help you fight for what you deserve. Just contact our law offices in Orlando, Florida, or call us at (407) 898-2161 to schedule a free consultation today.
How McMichen, Cinami & Demps Can Help With an Order of Protection in Orlando
Acts of domestic violence can be incredibly traumatizing. It can impact your family for years to come. Florida law gives victims the right to take action to prevent further violence and abuse.
The process for obtaining a restraining order can be challenging–especially when you’re dealing with the aftermath of violence.
Our experienced Orlando family law attorneys at McMinchen, Cinami & Demps can help you get the protection you deserve.
We have over 50 years of experience helping families like yours handle difficult situations. One of our attorneys is even board-certified in marital and family law–a distinction that few other Florida attorneys have earned. We’ll take action quickly and help you understand all possible solutions in your case.
Hiring us means you’ll gain an advocate to:
- Provide sound legal advice and guidance
- Evaluate the circumstances and determine which type of protective order is available
- Handle the paperwork and file the petition for a protective order
- Aggressively advocate for your rights at all hearings in family court
- Help you file an appeal if your petition is denied
You’ve already suffered enough if you’ve been a victim of abuse. Stop the cycle today by calling our Orlando family lawyers for a free initial consultation.
What is an Order of Protection?
Orders of protection are also referred to as restraining orders or protective orders.
An order of protection can help victims of abuse in many ways. Often, the injunction will prohibit the restrained person from:
- Committing acts of violence against the protected person
- Contacting the protected person in any way, whether in person, by phone, email or text
- Stalking or threatening the protected person
- Owning or possessing a firearm
- Visiting certain locations
The protective order can also require the restrained person to move out of a shared household and continue providing financial support.
Under Florida state law, there are multiple different types of protective orders. Depending on the circumstances, you may obtain an injunction, or restraining order, against:
- Domestic violence
- Dating violence
- Sexual violence
- Repeat violence
- Stalking and harassment
It’s important to make sure you file for the correct type of restraining order based on your circumstances. Our Orlando orders of protection attorneys at McMinchen, Cinami & Demps can evaluate your situation and help you select the proper order or protection. Just give us a call for a free case review to learn more about an attorney-client relationship today.
Domestic Violence Orders of Protection
Courts may issue a domestic violence restraining order if violence has occurred within the household or if you have reasonable cause to believe that you’re in imminent danger.
A domestic violence restraining order is available against:
- A spouse or former spouse
- Your child’s other parent
- Family members related by blood or marriage, if you share a household or shared a household in the past
- Someone you live with as a family
After you obtain a domestic violence injunction, your attacker can be legally prohibited from coming near you.
Restraining Orders Based on Dating Violence
Violence can also occur between two romantic partners who have never been married or lived together as a family.
You can obtain an order of protection against someone with whom you share a romantic or intimate relationship if all of the following are true:
- You shared a dating relationship within the past six months
- The relationship involved an expectation of affection or sexual intimacy
- The relationship must have been continuous over time
If you have been a victim of dating violence or fear for your imminent safety, you may be entitled to obtain an injunction against your dating partner.
Sexual Violence Restraining Order
If you were a victim of a sex crime, you can obtain a restraining order against the attacker if:
- You reported the attack to the police and are cooperating with their criminal investigation, or
- Your attacker was sentenced to prison and the term has either expired or will expire within 90 days
Sexual violence protective orders are available if you were a victim of rape, sexual battery, luring or enticing a child, lewd acts, sexual performance of a child, or any other forcible felony wherein a sexual act is attempted or committed.
Repeat Violence Restraining Orders
A repeat violence restraining order is appropriate if the restrained person has committed two or more acts of stalking or violence against the person requesting the order. One of those acts must have been committed within six months prior to requesting the order.
Order of Protection Against Stalking
You can obtain a restraining order to prevent someone from stalking, cyberstalking, or harassing you. These orders are available if the stalking is threatening in nature and causes you to suffer emotional distress.
The stalking or harassment must occur over a period of time. In other words, you’ll usually have to demonstrate a pattern of harassing or threatening behavior to obtain the order of protection.
How Do I Obtain an Order of Protection in Florida?
Once we have determined which order of protection is appropriate, our lawyers can file an injunction online. A judge will then review the petition and, often, grant a temporary restraining order to protect you until a hearing can be held. The temporary injunction order can last no more than 15 days.
At the hearing, our lawyers will present evidence to support your request for an order of protection. The restrained person also has the right to present evidence to fight imposition of the order.
The judge will consider all of the evidence and decide whether to grant or deny your petition. If a final order of protection is granted, it could provide protection over an indefinite term or expire after a set amount of time (for example, one year).
Later, it’s also possible that the judge could decide to extend or modify the terms of the order.
The judge could also deny the petition. If that happens, you’ll have the right to appeal the denial.
It’s important to make sure that your petition contains as much information as possible.
Our lawyers can help with the paperwork and represent you at the hearing before a judge. Call our law firm in Orlando to learn more about how we can help.
What are the Penalties for Violating an Order of Protection?
Violating the terms of a restraining order is a crime. Violating a restraining order is usually a first-degree misdemeanor. Repeat offenders can be charged with a third-degree felony under Florida law.
A criminal judge can sentence the restrained person to prison and impose steep financial penalties for violating the order.
How Can an Order of Protection Impact My Child Custody Battle?
Florida courts usually prefer to award shared custody. However, an order of protection can prevent the restrained person from sharing custody or parenting time. In other cases, the order of protection may only allow supervised visits between the child and the restrained person.
These protective orders can be modified over time. It’s possible that the court order may require the restrained person to:
- Complete parenting courses
- Attend anger management programs
- Engage in family counseling
- Complete drug or alcohol counseling programs
- Comply with the terms of the protective order
After a certain amount of time has passed, it’s possible that the court could revisit the terms of the protective order to modify custody arrangements.
Can McMichen, Cinami & Demps Help if I Was Falsely Accused of Domestic Violence?
Not all allegations of domestic abuse are justified. Things can happen in the heat of the moment, and courts have the authority to impose a temporary restraining order before hearing both sides of the story.
If you become subject to a final order of protection, you could:
- Lose child custody and visitation rights
- Be forced to leave your home
- Face consequences in the workplace
- Lose your right to own a firearm
Our lawyers can help if you’ve been falsely accused of committing violence or stalking. To learn more, call for a free case review today.
Contact an Orlando Orders of Protection Lawyer for a Free Consultation
If you were a victim of domestic violence, dating violence, or stalking, an order of protection can be important to keeping you safe. To learn more about how our legal team at McMichen, Cinami & Demps can help, call to speak with an experienced Orlando orders of protection lawyer today.
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