Committed to getting the protection you need
If you have been the victim of domestic violence, spousal abuse or harassment, you need to protect yourself against future abuse. Florida takes domestic violence and the responsibility to protect victims seriously. The Law Offices of Lawrence S. Katz, P.A. works quickly to pursue all available protections for you and your children, including restraining orders. You can put your confidence in Mr. Katz’s many years of experience in complex family law matters to handle your case expeditiously.
What is a restraining order?
In Florida, victims can file a request for an injunction against domestic violence. The injunction is a type of restraining order issued by a state court and can be part of the temporary relief granted during the pendency of a divorce or paternity cause of action. It specifically orders, in part, a person to stop harming or harassing the victim. The restraining order also provides protections, such as prohibiting the abuser from possessing a firearm, coming near you or contacting you in any way, including by e-mail, third persons or social media. If the abuser is your spouse or lives with you, the order may require the abuser to leave the home. Depending on the situation, children may be included in the protective order.
How can I get immediate protection?
If you file a petition asking for a protection order and a judge decides that there is an immediate and present danger of domestic violence, the judge can grant a temporary injunction lasting no longer than 15 days based on the information you provide in the petition, which can be extended under certain circumstances.
The temporary injunction goes into effect when entered but from a practical standpoint as soon as the abuser is served with the order. A judge later holds a full hearing to decide whether to order a final injunction. This protection order may be for a set period of time, or it may be permanent. If there is no expiration date, either party may petition the court to modify or terminate the order. Factors judges consider in deciding whether to issue a restraining order include:
- Any history of threats, harassment, stalking, cyberstalking or physical abuse
- Attempts to harm you, family members or individuals closely associated with you
- Threats to conceal, kidnap or harm your child
- Whether the abuser intentionally injured or killed a family pet
- Threats by the abuser to use weapons against you
- Whether the abuser physically restrained you from leaving the home or calling law enforcement
- Whether the abuser has a criminal history involving violence or the threat of violence
- Prior orders of protection against the abuser
- Whether the abuser destroyed your personal property
- Behavior by the abuser that leads you to reasonably believe that you are in immediate danger
We help enforce protection orders
Domestic violence often escalates during the divorce or dissolution of marriage process. Our dedicated family attorney works diligently to protect you and your family. We have the experience to quickly get an order in place and refer you to other resources for abuse victims. The violation of protective orders is common, and it is often associated with significant danger to the victim. In Florida, violating an injunction is a first-degree misdemeanor offense. We can ensure that your order is enforced and help you pursue additional protections if the abuser violates the order.
Protecting victims of abuse in Miami and throughout South Florida
Being the victim of abuse or harassment is emotionally draining and completely disrupts victims’ lives. For many years, The Law Offices of Lawrence S. Katz, P.A. has fought to give clients their lives back in complex family law cases. With compassion and respect, we explore every option to help you meet your goals, including securing restraining orders for your protection along the way. Contact us today at 305-670-8656 or online. Se habla español.