Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Mark O’Mara
Orlando Restraining Order Lawyer
Whether you are filing a restraining order or facing one, it is essential to take the situation seriously. Our skilled attorneys will work diligently to protect your rights and achieve a fair outcome in your case.
Content last updated on: March 18, 2024
Restraining orders can provide a form of protection for those who are victims of violence or the threat of violence. At the O’Mara Law Group, our experienced Florida family law attorneys are passionate about ensuring that those who are facing violence get the legal support they need. If you are a victim of violence or are facing the threat of violence, the first thing that you should do is make sure that you are in a safe location. Then, you should consider the possibility of filing a restraining order against your offender. Call our Orlando restraining order lawyers today for the help you need.
Types of Restraining Orders in Florida
The state of Florida maintains four different types of restraining orders–also called injunctions–for those who are facing violence or the threat of violence/imminent harm. These are:
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Domestic violence restraining orders.
A domestic violence restraining order is used to protect family or household members from assault, battery, sexual assault, stalking, kidnapping, and any other offenses resulting in physical injury. -
Repeat violence restraining orders.
If a petitioner does not have a domestic relationship with an offender but they are the victim of repeat violence, they can file an injunction for this type of protection order. -
Dating violence restraining orders.
For those victims who have had a dating or intimate relationship with an abuser, and who have suffered violence or believe that violence is imminent, filing a dating violence injunction is appropriate. -
Sexual violence restraining orders.
As found in Florida statutes, sexual violence has more than one definition – commonly, it is characterized as an incident of sexual battery. Anyone who has been a victim of sexual violence has standing to seek a sexual violence injunction.
Steps for Obtaining a Restraining Order
There are both final and temporary, or ex parte, injunctions issued in Florida. To get an ex parte order, which is designed to provide you with immediate support and relief, you will need to file a petition with the County Clerk. You must include convincing evidence in your petition – when it is handed off to a judge, the judge will determine whether a temporary injunction will be granted.
An ex parte order will only stay in effect for a limited number of days. After that, you will need to attend a full hearing. At the full hearing, the judge will listen to your side and the defendant’s side, and then issue a final injunction based on the evidence.
Who Can Apply for a Domestic Violence Injunction?
In order to apply for a domestic violence injunction, the petitioner and the defendant must have a “family or household member relationship,” as found in Florida Statutes Section 741.30(1)(a). A petition can be filed when a family or household member is a victim of domestic violence or has reasonable cause to believe that they are in imminent danger of becoming the victim of any act of domestic violence.
If you believe that you are at imminent risk of harm, you should find a safe place to stay immediately. Then, call our law firm for help beginning your petition for a domestic violence injunction.
Call the O’Mara Law Group Today
Getting a restraining order can be one major piece of protecting yourself against violence. If you are a victim of any form of violence, you should consider an injunction. At the office of the O’Mara Law Group, our Orlando criminal defense lawyers can help. Call us directly today or send us a message telling us more about your case. We are here to support our clients in all family law matters. Reach us now to get started.
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221 NE Ivanhoe Blvd.
Suite 200
Orlando, FL 32804
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