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Fort Lauderdale Divorce Lawyer > Blog > Domestic Violence > When And How To Get A Restraining Order In Florida

When And How To Get A Restraining Order In Florida

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Disputes between couples, family members, and other people living under the same roof can quickly escalate. When it gets to the point where you fear for your emotional health or physical safety, it is important to take legal action immediately. Our Fort Lauderdale domestic violence attorney can assist you in getting a restraining order. Find out when this is the best option and how to go about obtaining one.

When To Seek A Restraining Order

In Florida, an Injunction For Protection Against Domestic Violence acts as a restraining order. It protects you from abuse at the hands of your spouse, domestic partner, or others who share your home. A restraining order is often the only way to ensure your safety in the following situations:

  • When you are threatened with physical harm or when hitting, punching, pushing, or other violent acts have happened in a relationship;
  • When you are the victim of sexual assault or harassment in your home;
  • When a family member subjects you to emotional abuse;
  • When a partner or others living in your home threaten harm to your family or friends;
  • When they purposefully destroy your property.

Under the Florida Statutes, all of these types of actions fall under the category of domestic violence and can entitle you to request a restraining order. Once an Injunction For Protection From Domestic Violence is in place, the at-fault party may be prohibited from being at your home. They will also be prohibited from stalking or confronting you in public places, such as at work or school, and attempting to contact you via phone, text, email, or other methods.

How Can I Get A Restraining Order In Fort Lauderdale?

To obtain an Injunction For Protection From Domestic Violence (restraining order) in Fort Lauderdale you will need to file a legal petition through the Broward County Family Court. Information you will need to provide includes:

  • The name of the abuser;
  • Their whereabouts if not currently residing in your home;
  • Details regarding the specific types of abuse you are being subjected to;
  • Information regarding past incidents and any police reports filed in the case.

Your own statements, those from family members and friends, and medical records showing your injuries or other harms suffered can provide valuable evidence in your case. You will also want to provide a basic background of the relationship, details about your financial circumstances, and whether you have children together. A restraining order can also include provisions granting you use of the home or other property, full rights regarding the care of children, and provisions for spousal and child support payments.

Contact Us Today for Help

Getting a restraining order can provide important protections. As an experienced Fort Lauderdale domestic violence attorney, you can count on Vanessa L. Prieto to provide the caring support and trusted legal guidance you need throughout the process. Reach out and call or contact our office online to request a confidential consultation today.

Resource:

flcourts.org/content/download/403225/file/980a.pdf

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