Arguments within the household sometimes get physical, leading a spouse or family member to call the police and then get protection from the courts. Whether they call it a restraining order, an injunction, or an order for protection, it’s serious business and if you are the target, it’s a good idea to talk to an experienced domestic violence defense lawyer.
Sometimes a domestic partner without a well-founded fear of violence or abuse will use an injunction as just another weapon in a dispute. For instance, a wife may seek an injunction in order to strengthen her position in a divorce proceeding, or gain the upper hand in custody hearings or financial matters such as alimony or disposition of property. A good defense attorney can help you protect your rights. Call 407-644-2466 or contact us online to talk with an experienced restraining order attorney at the Rivas Law Firm in Orlando.
What Happens if Someone puts a Restraining Order on You?
Generally, the spouse or partner who is the alleged victim in a domestic violence case will go to the courthouse or fill out a form (petition) online. The petition asks the judge to issue an injunction against the Respondent – the person who allegedly threatened or committed violent acts. The aim is to protect the Petitioner from further acts of alleged violence.
A judge can issue a temporary restraining order based solely on the alleged victim’s statement in the petition. The accused – or Respondent – need not be present and in most cases will not even know about an injunction until the Sheriff hands him papers. At that point, you may have to vacate the residence you share with the petitioner – even if you own the home.
The Sheriff will give you a little time to collect your belongings and then you have to leave your house and are forbidden from contacting the alleged victim in any way. You may be prevented from seeing or contacting your children. The court will schedule a hearing to take place within 15 days to decide whether to to lift the restraining order or make it permanent.
An Experienced Defense Attorney Can Make all the Difference
A good defense lawyer may be able to get the injunction thrown out altogether if he is able to show that the accuser’s accusations are false or greatly exaggerated. For instance, by a thorough investigation of the incident and examinations of the evidence, your lawyer may expose inconsistencies and contradictions in the accuser’s statements. He may be able to use exculpatory phone records or videos and present witnesses to testify on your behalf.
If the judge grants the order, he has broad discretion in determining specific conditions involving how much if any contact you are allowed with the alleged victim and any children involved as well as support payments or child visitation.
There’s a lot at stake, so if you find yourself looking for the best domestic violence injunction lawyer in Orlando, consider the Rivas Law Firm. Call407-644-2466 or contact us online to talk with an experienced defense attorney who can help.