Dating Violence Restraining Order

The dating scene has always been an adventure, and sometimes people looking for a relationship get more than they bargained for. When feelings get out of control and the situation turns volatile, you may find yourself on the receiving end of a restraining order that you don’t deserve because of a vindictive or overemotional romantic partner. 

The best thing to do is talk to an experienced restraining order attorney. If you need to file for a protection order, or if someone has filed an injunction against you, talk to an Orlando dating violence defense lawyer at the Rivas Law Firm. Call 407-644-2466 or contact us online and we’ll help you get through it.

What is a Dating Violence Restraining Order?

A person in a dating relationship that turns violent may petition for a restraining order under certain conditions. Florida Statute 784.046(1)(d) defines “dating” as “a continuing and significant relationship of a romantic or intimate nature” that occurred within the past six months. Also, “the nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and… the persons have been involved over time and on a continuous basis during the course of the relationship.” The parent or legal guardian of a minor child living at home who has been the victim of dating violence can file for a restraining order on their behalf.

If your dating partner files for a restraining order against you, you will be served with a temporary injunction ordering you to stay away from your partner. The papers will likely be specific about not contacting the other person, staying a certain distance away, and surrendering any firearms. And you will be notified of a hearing that will take place within 15 days to decide whether to lift the restraining order or make it permanent. 

What Happens at a Court Hearing for a Dating Violence Restraining Order? 

At this hearing, the judge will hear testimony from the Respondent and the Petitioner. After listening to both sides, the judge can grant a permanent restraining order or dismiss it. 

You should definitely appear at the hearing, in any case, to present your side of the story because if you don’t, all of the accuser’s charges will be accepted as fact and you will have to live with the consequences of that being public record for the rest of your life. 

If the judge issues a permanent injunction, there may be a Compliance Hearing within 30-45 days to make sure you are following the rules. You may be able to have this hearing canceled if you can show you have been in compliance.

You are not required to have a lawyer present for these hearings, but your chances of having the injunction thrown out or altered in your favor are greatly improved if you are represented in court by a defense attorney experienced in fighting domestic violence injunctions

Injunctions have Serious Consequences

Injunctions are public record and show up on background checks. These records can never be sealed or expunged and can affect you for the rest of your life. It can hurt your chances of getting or keeping a job. According to Florida law (§ 790.233, Florida Statutes), you can lose your right to possess a firearm or ammunition. An injunction can adversely affect you in divorce proceedings and custody battles. That’s why it’s vital to contact an Orlando attorney with experience in fighting protection orders and defending dating violence charges.

If you need to file for a protection order, or if someone has filed an injunction against you, talk to an Orlando Injunction Lawyer at the Rivas Law Firm. Call 407-644-2466 or contact us online, and we’ll help you get through it.