When to Seek a Restraining Order

A restraining order (or order of protection) is a legal document that restricts or prevents one person from contacting another. The duration and type of restraining order will vary by situation.

A restraining order can:

  1. encourage the police, school officials, or other authorities to help protect you from an abusive person;
  2. provide emotional and physical protection (for example, you can call the police if your abuser attempts to contact or physically come near you);
  3. make further legal action easier by allowing you to go to court to establish a record of abuse;
  4. enable you to gain custody or visitation orders that protect your child; and/or
  5. enable you to force an abuser to move out of your home.

If someone has physically or emotionally threatened or abused you, don’t wait to seek a restraining order.

How to Obtain a Restraining Order

Any legal adult can file for a restraining order in Florida court. If the restraining order has to do with minors, parents or legal guardians of the children can file an order on their behalf. To obtain a restraining order, you need to file a petition for the order, which will then be reviewed by a judge. Because of the severity of an order of this type, the judge will review the petition within hours of initial filing.

If a judge grants the petition, a sheriff will serve the order to the alleged abuser. If the alleged abuser lives with the petitioner, they must vacate the premises immediately. It will then be illegal for the alleged abuser to go near or contact the petitioner.

An immediate restraining order is generally only temporary and lasts until the case can be heard in court. There, both parties will state their side of the story and a judge will decide if a permanent restraining order should be granted. It is essential for the petitioner to have a restraining order attorney on their side.

Our Attorneys Are Here for You!

At Tinny, Meyer & Piccarreto, P.A., you will find a group of passionate attorneys dedicated to protecting the client’s best interests. We will do everything our power to help you get a restraining order so you can feel safe.

Call our firm today at (727) 245-9009 or contact us online for a consultation.