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There are times when a relationship or marriage ends and one of the parties does not handle the situation in a mature, responsible, or lawful manner. Unstable behaviors, perceived or vocal physical threats, or a prior domestic violence history may cause one or both of the parties to fear for their safety. An individual may request a domestic violence protective order, also commonly referred to as a restraining order if any of the above occurs.
A domestic violence is a court ordered injunction specifying stipulations for an individual to have no contact with the individual or other parties named in the protective court order.
A domestic violence, or order of protection, basically serves two main purposes:
- To inform the recipient of the restraining order and the legal restrictions which have been ordered against them;
- To create legal sanctions if the Court’s order is violated.
As a law firm providing domestic violence, divorce, and family law legal services, we are prepared to represent you in even the most difficult of legal challenges you may be facing. Our law firm knows how to apply the law to your specific legal needs and goals. When you are involved in a domestic violence, divorce, or other family law dispute… we are here to help you. Call 407.344.3400 to schedule a confidential consultation.
Basic elements necessary for a domestic violence, or order of protection include:
- Must be between family or household members;
- The Petitioner must have been the victim of domestic violence or is in fear of an imminent attack;
- The sworn petition must allege the existence of domestic violence with supporting facts;
- Jurisdiction is where the Petitioner currently resides.
Many times a domestic violence can be ordered under the threat of, or a previous history of:
- Assault or aggravated assault;
- Domestic battery or aggravated battery;
- Sexual assault or sexual battery;
- Stalking or aggravated stalking;
- Kidnapping or false imprisonment; or
- any other criminal offense resulting in physical injury to any family or household member by another who is or was residing in the same dwelling unit.