If you or your child is the victim of domestic violence or is in imminent danger of becoming a victim, you have the right to obtain a restraining order against the abuser. Also known as an injunction for protection against domestic violence, this court document orders the abuser to stop doing certain actions (e.g., abusing you, contacting you and your loved ones, visiting places you and your loved ones frequent, etc.), gives you specific rights (e.g., temporary full custody of your children), and makes the abuser do other acts (e.g., leaving the family home, paying temporary child support, etc.).
You may be wondering how long these protections last? The answer depends on the type of restraining order you obtain.
There are two types of domestic violence protection orders in Florida: temporary (ex parte) injunctions and final injunctions.
Temporary (Ex Parte) Injunctions
This restraining order provides you and your family members immediate protection from the abuser. When you file a petition for an injunction, the judge will receive your petition from the clerk and then determine if you are in immediate and present danger of domestic violence.
The judge will decide whether to grant the restraining order based on the information in your petition. You do not have to testify, and the abuser is not required to appear.
If the judge grants the injunction, it will take effect once the abuser is formally given or served a copy of the order. The temporary injunction is valid for up to 15 days or until the full hearing takes place.
On the other hand, if the judge believes you are not in immediate or present danger of domestic violence and denies issuing an injunction, a full hearing will still be scheduled to give you an opportunity to better present your case. However, you must clearly request a hearing date from the judge, since this type of action is not automatic.
At the full hearing, you and the abuser will each present your case before a judge. If the judge grants the final injunction, either for a set period of time or without any expiration date. If there is no expiration date, either the abuser or the victim may request to either modify or terminate the injunction with the court.
If you are a victim of domestic violence and interested in obtaining a restraining order in Altamonte Springs, call the Law Office of Russell S. Hershkowitz, L.L.C. at (407) 753-4111 or fill out our online contact form today to schedule a free consultation. Serving clients throughout Central Florida for more than 25 years.