*Please note that the Law Offices of Matthew Z. Martell only performs restraining order work for existing divorce clients*
A Caring and Ethical Florida Restraining Order Attorney Serving and Protecting Clients in Sarasota, Venice, and Bradenton
Do you need to file for a restraining order in Sarasota County or Manatee County? This is an important matter that needs to be handled with the aid of a Sarasota, Bradenton and Venice, Florida restraining order attorney. You should contact the Law Offices of Matthew Z. Martell, P.A. to assist you in getting the legal protection that you need.If you are the victim of domestic violence or repeat physical violence, the you should do everything within you power to immediately protect yourself. When physical violence occurs; if an immediate credible threat of physical violence is made against you; and/or if stalking is occurring, then you must take immediate legal action to prevent further domestic violence, repeat violence, or dating violence. The person committing these acts can be a spouse; a former spouse; someone you are dating; someone that you have child in common; a neighbor; a co-worker; a friend; or even a family member.
WHAT ARE THE FOUR TYPES OF RESTRAINING ORDERS?
The first thing you need to do is decide what kind of injunction for protection against violence (restraining orders) that you should file. There are four basic types. These are the following:
- Injunction for Protection Against Domestic Violence
These are filed between married couples, couples with a child or children in common, or family members.
- Injunction for Protection Against Repeat Violence
These are filed between neighbors, co-workers, friends, or strangers
- Injunction for Protection Against Dating Violence
These are filed between people who are dating and who do not have a child in common.
- Injunction for Protection Against Sexual Violence.
These are filed between strangers, people who are dating and do not have a child in common, and co-workers
Obtaining an injunction for protection against domestic violence, repeat violence, dating violence, or sexual violence is a civil legal action. But is has both civil and criminal ramifications. It is utilized to prevent future violence and to protect you. It can also be utilized to legally determine use and possession of a shared residence, timesharing (visitation), parental responsibility (child custody), child support, and sometimes even alimony.
WHAT ARE THE STEPS IN FILING FOR A RESTRAINING ORDER?
After picking which type of injunction for protection against violence you need to file, you will then need to draft and file your injunction for protection with the Clerk of Courts where you live. It is a good idea to hire a restraining order attorney in Sarasota, Bradenton and Venice, Florida to help you with this important step. Normally, a domestic violence injunction is granted on a temporary basis where it appears from the face of your petition that an immediate and present danger of imminent physical harm exists.
If your restraining order petition is granted, the next stop is to prepare for your court hearing. It will take place 15 day from the date the injunction for protection is entered by the Judge. During that time, you are protected by a temporary restraining order which prohibits the person you filed it against from contacting you in any manner and also coming into physical contact with you in any manner. If you are living with the Respondent, normally the Judge will order him or her to stay somewhere else. Once law enforcement has served your Petition for Injunction for Protection, temporary restraining order, and notice of hearing on the person you filed it against, then the hearing on whether this restraining order should be made permanent or not can proceed forward. If the Respondent cannot be located prior to the 15 days expiring and before the scheduled hearing, then the temporary restraining order will be extended until he or she is served. However, if you don’t show up for your scheduled hearing, then the Judge will normally dismiss your temporary restraining order. So, it is very important that you show up to his hearing regardless of whether the Respondent has been served or not.
Once the Respondent is found and served, then the Court will proceed forward with a full evidentiary hearing on whether the temporary injunction for protection should be made permanent or not. At this hearing, the Judge will hear both sides of the story. If the Judge agrees that you need a restraining order, then a permanent injunction for protection against violence will be granted. If the couple is living together, then the Court can also grant permanent exclusive use and possession of the home to you. If you have child(ren) together, then the Court can also determine timesharing, parental responsibility, and sometimes child support. You normally still have the ability to have this permanent restraining order dissolved in the future if you decide to do so.
WE CAN HELP YOU WITH YOUR RESTRAINING ORDER CASE
The Law Offices of Matthew Z. Martell, P.A. has experience in assisting people seeking to obtain, defend, or modify restraining orders. Our law firm provides effective, compassionate, fair, and balanced legal assistance and counseling to victims of domestic violence, repeat violence, or dating violence. Unfortunately, we also realize that false accusations or domestic violence are sometimes made in order to gain an unfair advantage in divorces, family law cases, and other legal disputes. In such situations, we are available to help you defend yourself against such accusations which could substantially affect your parental responsibility and timesharing rights with your children, as well as your right to access and live in your own home.
Don’t wait to contact us if you are affected by domestic violence or try to handle it on your own. Sarasota, Bradenton and Venice, Florida restraining order lawyer Matthew Z. Martell is experienced in dealing with restraining orders. Contact us at (941) 556-7020. We are here to help!