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Fort Lauderdale Divorce Lawyer

Frequently Asked Questions About Getting A Restraining Order In Fort Lauderdale

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If you are in an abusive situation, help is available both in the general community and through the legal system. You may be entitled to a restraining order, which provides protections against domestic violence in Fort Lauderdale. The following are frequently asked questions we hear from clients regarding when this is an option, how to get one, and the ways it can help protect you.

Getting An Injunction For Protection Against Domestic Violence In Florida

In Florida, restraining orders are formally referred to as an Injunction for Protection Against Domestic Violence. It is obtained through the local court and requires producing police reports, statements from yourself or family and friends, or other types of evidence that acts of abuse are occurring among people who are current or prior household members. Frequently asked questions about this type of court order include:

What Qualifies As ‘Domestic Violence’? 

Under Section 741.28 of the Florida Statutes, domestic violence is defined as any type of assault, battery, sexual assault, kidnapping, stalking, false imprisonment, or any criminal activity that results in the injury or death of a family or household member.

Can I Get A Restraining Order Due To Threats My Spouse Made? 

You may be entitled to a restraining order if the court believes you are in imminent danger due to threats your spouse makes against you, your children, or a family member, or due to harm they cause to your property or pets.

Can I Get A Restraining Order If I Am Not Married? 

You can get a restraining order against a romantic partner you are living with, formerly lived with, or if you have a child together.

How Will A Restraining Order Protect Me? 

A restraining order prohibits the abuser from appearing at your home, work, other settings, or attempting to contact you in any way. It can also require them to surrender firearms, attend counseling sessions, and report to the court regularly. During this time, they may be ordered to pay you spousal or child support as well.

Are There Filing Fees For A Restraining Order In Fort Lauderdale? 

There are no filing fees to obtain an Injunction for Protection Against Domestic Violence through the Broward County Court. 

How Long Will I Have To Wait For A Hearing? 

A judge will review your request when you file for a restraining order. If approved, they will immediately grant a temporary injunction. A hearing will be scheduled in 15 days, at which more permanent arrangements can be made. 

What Happens If My Abuser Violates The Restraining Order? 

Your abuser could be subject to immediate arrest if they fail to adhere to the restraining order or otherwise violate the terms set down by the judge.

Reach Out to Us Today for Help

At the Law Office of Vanessa L. Prieto, we provide the caring support and trusted legal guidance you need in obtaining a restraining order. To request a confidential consultation, contact our Fort Lauderdale domestic violence attorney today.