Many domestic crimes charges in Florida can result in a restraining order, or protective order, against the alleged offender. Although these charges may have arisen from false allegations, or a situation that escalated beyond your control, the person pressing the charges against you can request a protective order.
Even if you have not done anything you believe to be domestic violence, the court can still issue a protective order against you if the person requesting the order reasonably believes you will commit domestic violence against them.
Common terms with regards to the protective order:
- A Petitioner is a person who has filed for the protective order, or the alleged victim.
- A Respondent is the alleged offender, or the person who the protective order was filed against.
- An Injunction is an order prohibiting you from doing something, or requiring you to do something.
- A Protective order is also commonly known as a restraining order or Injunction for Protection Against Domestic Violence.
If you have been served with a petition for a protective order, and fail to appear at the protective order hearing, the court will make the protective order final against you, and you will be subject to every injunction in the protective order, and can face criminal charges if you violate any of these injunctions.
Tallahassee Protective Order Hearing Lawyer
If you have been served with a petition for a protective order in Leon County, an experienced attorney can analyze the particular facts of your case to represent your best interests in court. Don Pumphrey, Jr. is knowledgeable about Florida’s domestic violence laws, and can find the best possible outcome for the allegations against you. If you have been served in Florida with an Injunction for Protection Against Domestic Violence, contact Don Pumphrey, Jr. today for a consultation about your options in Tallahassee.
Protective Order Hearing Information Center
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Protective Order Hearing Process
The protective order process and rules pertaining to protective orders are described in the Florida Statutes § 741.30. Initially, a person claiming domestic violence has occurred, or they are fearful it will occur, can file a Petition for Injunction for Protection Against Domestic Violence.
The court will then determine if a temporary protective order should be put in effect upon filing, and is solely based on the petitioner’s allegations. The temporary order can only last for 15 days. If a temporary order is put in place, the hearing for a final protective order will be no later than 15 days after the temporary order is granted.
You are statutorily permitted a hearing at the earliest possible time upon the filing of a petition. At this hearing, you can plead your case, have witnesses testify on your behalf, and offer any reasons as to why the petition for a protective order should be denied. Prior to the hearing, you will be given notice of the hearing, a copy of the petition, a financial affidavit, and a copy of the temporary injunction if one is in place.
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Common Injunctions in a Final Protective Order
If the protective order against you is made final after your hearing, you may be subjected to a variety of injunctions that can affect your daily life. These injunctions can include:
- A restraint against committing any act of domestic violence, which is defined as committing any criminal offense against another family member, including:
- Battery or Aggravated Battery,
- Assault or Aggravated Assault,
- Sexual Assault or Sexual Battery,
- Stalking or Aggravated Stalking,
- False Imprisonment, and/or
- Kidnapping;
- Loss of access to your home, and the petitioner can be given exclusive use of the home;
- Prevention from going to the petitioner’s place of business;
- The petitioner can be given 100% custody of any children;
- Prevention from going to the children’s school or day care;
- A requirement of court ordered treatment, classes or counseling, such as a batterer’s intervention program;
- Temporary financial support to the petitioner or children;
- No contact at all with the petitioner; and/or
- Any other relief the court believes is necessary.
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Reasons a Court may Grant a Protective Order
There are a variety of reasons a court may find reason to grant a protective order. These reasons do not have to be actual domestic violence against the petitioner, but can be any reason the courts deems necessary to grant a protective order. A few of these reasons can include:
- Any history of threats, harassment or abuse made by the respondent;
- Threats to harm or kidnap the children;
- Any previous harm to the petitioner or family members;
- Intentional harm or killing of a family pet;
- Threats to use or previous use of weapons against the petitioner, such as guns or knives;
- Previous protective orders in any other jurisdiction;
- Any history of preventing the petitioner from leaving the home or calling law enforcement; or
- Destruction of the petitioner’s property.
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Consequences from a Protective Order
If the protective order is made final against you, it can lead to many severe consequences in your daily life in addition to criminal consequences. For example, the protective order, and any injunctions against you, will remain in effect until the protective order is modified or dissolved. Additionally, the protective order will be effective in all counties in Florida and in all 50 states.
Criminal consequences can include an arrest for any violations of the protective order or a misdemeanor charge of the first degree for possessing any firearm or ammunition while the protective order is in place.
A protective order could also affect your daily life, as it is a public record, and can possibly be uncovered by any background check, it can affect admissions to schools or further education, it can affect applications for housing, and it could prevent the award of certain scholarships or federal aid.
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The Law Offices of Don Pumphrey, Jr. | Tallahassee Protective Order Hearing Attorney
If you have been served with an Injunction for Protection Against Domestic Violence in Tallahassee, Bristol, Quincy, Monticello or the surrounding areas, contact Don Pumphrey, Jr., of the Law Offices of Don Pumphrey, Jr. to discuss the facts of your particular case.
It is imperative to hire a knowledgeable domestic violence defense attorney in Tallahassee who has experience representing those served with protective orders, and will attempt to have your protective order lifted. Lawyer Don Pumphrey, Jr. will aggressively fight the allegations against you. Contact Don Pumphrey, Jr. at (850) 681-7777 for a consultation about your protective order and protective order hearing.