PRACTICE AREAS
 

Florida RESTRAINING ORDER
Temporary · Violation · Harassment

Orlando Criminal Defense Attorney

NEED to FILE a RESTRAINING ORDER IN FLORIDA?

 OR

NEED to DEFEND AGAINST a RESTRAINING ORDER?

If in fact you NEED TO FILE a Restraining Order in the state of Florida or need assist in YOUR DEFENSE against a Restraining Order, the criminal defense attorneys at The Orlando Criminal Defense Law Firm. are organize and prepared to assist with expert advice. They have complete and thorough knowledge in how to file a Restraining Order and what to do if you are served with a Restraining Order.

WHAT IS A RESTRAINING ORDER?

In Florida , Restraining Orders are court orders signed by a judge that assist individuals with various types of abuse. There are 4 types of Restraining Orders available for an person to file.

TYPES OF RESTRAINING ORDERS

  1. Emergency Protective Order (EPO) - This Restraining Order is issued by law enforcement and is valid for 5 days. Useful for domestic violence victims.


  2. Domestic Violence Temporary Restraining Order (TRO or DVRO) - This civil Restraining Order is temporary for 3 weeks and can be made permanent for 1 to 3 years. Useful for domestic violence victims.


  3. Criminal Protective Order ("No Contact" order) - This Restraining Order is receiveed through the District Attorney's office and is issued in active domestic violence criminal cases.


  4. Civil Harassment Restraining Order (CHO) - This Restraining Order is a civil order and is used for stopping harassment / annoyances by neighbors, roommates, and co-workers.

DOMESTIC VIOLENCE RESTRAINING ORDERS

In Florida , the victims of domestic violence can receive either an Emergency Protective Order, a Domestic Violence Temporary Restraining Order, or a Criminal Protective Order. To qualify for a Domestic Violence Restraining Order you must have a relationship with the person you are pursuing the order against. It must be one of the relationships described under Domestic Violence.

CIVIL HARASSMENT RESTRAINING ORDERS

In Florida , a Civil Harassment Restraining Order is used in situations other than domestic violence. All of these restraining orders are issued to hinder the restrained person from:

  • Annoying, harassing, striking, following, or disturbing the peace of the protected person(s).


  • Having direct or indirect, personal, telephonic, electronic, or written contact with the protected person(s).


  • Coming within 100 yards of the protected person(s) - place of work, residence, or school.
FILING a RESTRAINING ORDER

WHAT ARE THE ADVANTAGES? Once the Petitioner (person requesting Restraining Order) files a Restraining Order and it is properly served on the abuser, the abuse or harassment WILL STOP! The abuser's first reaction is to respond with outrage and even violence. From the victim's point of view he/she will be relieved and will no longer feel alone or assistless. The victim will no longer be an easy target to be abused and beaten. The victim now has new and compelling friends -- the Court. The abuser will think twice about violating the Restraining Order because there are now aftermath for violating the court order - JAIL.

RESTRAINING ORDER VIOLATIONS. If, after the hearing, the Restraining Order is violated, the abuser can be found to be in contempt of a court order and this violation may be treated as a criminal matter that could result in severe aftermath, including prison time.

DEFENDING a RESTRAINING ORDER

WHAT ARE YOUR RIGHTS? The Respondent (person receiving notice of the Restraining Order) must be officially given notice (served) the Restraining Order. Being 'served' a Restraining Order means that formal copies of the Restraining Order Notice have been personally delivered to the Respondent. These copies must be both easy-to-read and include an Answer to Temporary Restraining Order (form DV-120). This is the Respondent's opportunity to respond to the allegations made by the Petitioner. The Respondent will have from 10 to 20 days before the hearing to file an answer to the Petitioner's statements.

GOING TO COURT. A hearing is needed for a judge to determine no matter or not a Restraining Order is required. At the hearing, the judge will decide no matter or not to issue, change, or cancel the Restraining Order. This can happen in one business day or sooner. Arriving at the hearing early, organize and prepared, and with your attorney will ensure the best possible outcome for your case.

AN ORLANDO DEFENSE ATTORNEY MAKES ALL THE DIFFERENCE

A Restraining Order can greatly affect your relationships with your spouse, children, family, and friends. Having a Restraining Order can severely impact your lifestyle. Although you do not need to have an attorney to file a Restraining Order or defend against a Restraining Order, representing yourself is a risk and placeds you at a huge disadvantage.

ADVANTAGES OF HIRING AN EXPERIENCED
CRIMINAL DEFENSE ATTORNEY:
  • If the other party has an attorney and you do not, your chances of winning are immediately reduced. The other party's lawyer has done the required preparation, only a skilled criminal defense attorney would know.


  • Even though you are permitted to ask the judge for a "continuance" to reset the court hearing to an additional date when you can bring your lawyer, additional fees will be obligated and the time spent cannot be recovered.


  • Being organize and prepared with an attorney from the start is the smartest and the majority cost-effective way to defend your Restraining Order. Your attorney will ensure that all of the proper documents have been submitted and filed, knows how to defend the judge's questions, and will not be caught off-guard by any unusual circumstances.

IMPORTANT: The guidance and presence of an experienced criminal defense attorney, such as The Orlando Criminal Defense Law Firm., will substantially improve your chances of receiveing the Restraining Order or defending against the Restraining Order.

If in fact you need assistance with how to file a Florida Restraining Order or how to defend against a Florida Restraining Order, please contact our office immediately for a FREE CONSULTATION - Fluent Spanish spoken.

If in fact you have been arrested or under investigation for Restraining Order in Florida, it is significant that you hire an experienced Orlando Restraining Order criminal defense attorney to represent you. The Orlando Criminal Defense Law Firm. will work relentlessly to mount a successful defense to the charges with which you have been charged. As a former Assistant United States Attorney for nearly 10 years, William H. Bryan III is well versed in the strategies and tactics of the prosecution and can predict and anticipate the next move and how to aggressively defend Restraining Order in the state of Florida. We are a strong defender of our clients' consitutional rights and will do everything in our power to protect and defend them. William H. Bryan III, Esq. is an aggressive Orlando Restraining Order criminal defense lawyer who will organize and prepare every aspect of your Restraining Order case up to and including trial.

 
Orlando Criminal Defense Law Firm.
1611 N. Main Street
Kissimmee, FL 34744
Orlando, Florida

Email Us: attorney@ffdalaw.com

Telephone
(800) 693-9886
(Available 24/7)
Se Habla Espanol
 
Copyright © 2005-09 Orlando Criminal Defense Law Firm. All rights reserved.
 
Orlando Criminal Defense represents individuals accused of Restraining Order in Florida including Orlando, Kissimmee, Tampa, Jacksonville, Fort Myers in the following counties: Orange County, Broward County, Putnam County, Osceola County, Seminole County, Volusia County, Brevard County and Palm Beach County.