Protective order hearings are personal, emotional, and stressful. If you have been summoned to court for this hearing, you may have an active injunction for protection from domestic violence, commonly known as a restraining order, filed against you. If you are facing this possible injunction, it is important to know all of your legal options and what you'll be facing. A protective injunction can impact your life in many ways and may have unexpected consequences. A skilled attorney can help you understand your options and fight for you the injunction at the hearing. With professional legal aide, you may be able to reduce the restrictions imposed on you by the order or dismiss the request altogether.
Handling your case with personal attention and care is of the utmost importance to Adkinson Law Firm, LLC. The experienced defense attorneys can review your individual circumstances and thoroughly analyze your options while keeping you informed at every step of the way. Fighting a protective order can be confusing and complex, but a lawyer can help you fight these accusations. Call us at Adkinson Law Firm, LLC today for a free consultation.
Any person who has been the victim of domestic violence, or who believes that they may be harmed in the future can file a sworn petition for injunction for protection against domestic violence. This injunction may be filed regardless of other legal action between the two parties and often accompanies other charges, such as stalking, domestic assault, and battery. Any family or household member may file this petition, not just a spouse, even if they no longer live with the accused. This can include children, girlfriends, boyfriends, siblings, and other close relatives.
Injunctions for protection against domestic violence are handled on a county basis. Thus, the petition must be filed with the county court, which is, therefore, responsible for assisting the filer with the petition and enforcing it. Depending on the allegations, the court may file a temporary 15-day protective order. In these cases, a hearing for a final protective order must take place no later than 15 days after the temporary order is issued.
At the final protective order hearing, the defendant is allowed an attorney and may call witnesses, cross-examine witnesses and attempt to persuade the court to reject the protective order. The court will then decide whether to approve or deny the petition. If a final injunction is approved, the protective order will by active until it is modified or dissolved.
As outlined by Florida law, a final protective order against domestic violence may:
The consequences of having a protective order placed on you can extend to other areas of your life as well, such as affecting applications for citizenship, employment in certain fields, and attempts to own a gun.
In the event that a protective order is violated, you may face a first-degree misdemeanor charge. The limitations of an injunction can be confusing, and violations are often accidental. An attorney can also help you in the event that a protective order is violated.
At the hearing, the court will consider allegations against the accused. Allegations that may lead a petitioner to file a claim can include:
Other charges that may coincide with a protective order request include battery, assault, sexual battery, stalking, false imprisonment, or kidnapping.
When facing the serious repercussions that can affect you as a result of a protective order hearing, it is important to seek skilled legal aid. The DeFuniak Springs criminal defense attorneys at Adkinson Law Firm, LLC are experienced at defending those involved in domestic violence disputes in Holmes County, Milton, Fort Walton Beach, Bonifay, and surrounding areas.
We give each client personal attention and aggressively fight for a favorable outcome. For a free consultation about your individual circumstances, contact us at or submit an online form today.