Protective Order Hearings
The petitioner (person who is seeking the court's protection) can pursue a protective order if he or she believes you will commit an act of domestic violence against them. The courts may see merit behind their petition, regardless if you feel the charges are exaggerated or false. An active injunction for protection against domestic violence (also known as a restraining order) can have an unfortunate impact on your life and that of your loved ones. If you have been served with a petition for an order of protection or are currently under a final protective order injunction, you should carefully consider all of your legal options.
JACKSONVILLE PROTECTIVE ORDER HEARING ATTORNEY Bill Roelke confidently represents Respondents (people who must respond to the allegations) in hearings for protection against domestic violence in Jacksonville, Jacksonville Beach, Fernandina Beach, St. Augustine, Atlantic Beach, Orange Park and nearby areas. He understands the complexity behind allegations of domestic violence and has represented men and women in these cases as a Jacksonville domestic violence defense lawyer. Call (904) 354-0333 to learn more about how Bill Roelke can defend your future and lifestyle from a domestic violence injunction or repeat violence injunction.
A person who is the victim of domestic violence or has reason to believe he or she is in danger of a future domestic violence act can file a sworn petition for an injunction for protection against domestic violence in Florida. The petitioner may seek an injunction, regardless if there are any other cases pending between the two parties. Additionally, this injunction is not limited to spouses and can be sought by any family or household member, regardless of they left the residence to avoid domestic violence.
The protective order petition is filed in the county in which the domestic violence was alleged to take place. Furthermore, the county clerk is responsible for assisting the petitioner in filing for an injunction and enforcing violation of such injunction. The court may give a temporary protective order that lasts up to 15 days based on the allegations of the petitioner. If the protective order is given temporarily, a hearing for a final protective order takes place no later than 15 days after the temporary order is given.
The final protective order hearing is your opportunity to plead your case. You are allowed an attorney, call witnesses, cross-examine witnesses, and persuade the court as to why the protective order should be denied. The court may choose to deny the petitioner's request or support the request. If the injunction is made final, it is active until the order is modified or dissolved.
Potential Consequences of a Protective Order There are many direct and indirect consequences of a final protective order against domestic violence in Florida. This injunction may:
- Prevent you from leaving your home if you share it with the petitioner;
- Prevent you from interacting with or contacting the petitioner or other named parties in the petition;
- If named in the petition, prevent you from interacting with your children (even prohibiting visits to the child's school or day care)
- Give the petitioner custody of the children;
- Require you to pay any outstanding child support;
- Require you to attend court ordered treatment, classes, or counseling;
- Require you to provide temporary financial support or relief to the petitioner and children; or
- Abide by other measures deemed necessary by the court.
Additionally, the injunction can affect application for citizenship and employment in certain security-sensitive fields such as law enforcement, in which you may be required to carry a gun. Given all of the potential harmful consequences, not to mention other less tangible impacts, it's critical to do everything possible to avoid these outcomes.
It is first degree misdemeanor offense for a person to violate an order of protection against domestic violence in Florida. Violation can occur in many ways, some even unintentional. This includes going within a pre-designated distance of the petitioner's place of residence, school, or employment. It also may include directly or indirectly communicating with the petitioner. Learn more about violation of a protective order in Florida.
There are many reasons why a person may seek to have a protective order filed in Florida. It can include reasons unrelated to pervious or pending criminal charges of the Respondent such as:
- History of threats, harassment, or abuse;
- Previous harm to the petitioner;
- Intentional killing or harm against petitioner's pet;
- Threats of harming or kidnapping petitioner's children;
- Threats to use or previous use of weapons against the petitioner;
- Destruction or defacement of petitioner's property;
- History of preventing petitioner from calling law enforcement or leaving home; or
- Protective orders filed in another jurisdiction.
Many petitions are filed in relation to a criminal matter with the accused. This includes battery, assault, sexual battery, stalking, false imprisonment, and / or kidnapping.
Bill Roelke represents men and women facing a protective order hearing for domestic violence in Duval County, St. Johns County, Clay County, and Nassau County, FL. His experience as a trial attorney allows him to strategically cross-examine witnesses and bring forth evidence that can be used to your benefit. However, it's best to contact an attorney as soon as possible of you are facing a possible domestic violence injunction. Especially if you are currently involved in a divorce or child custody situation, the restraining order can further complicate things. Contact Roelke Law today or send an online message to evaluate your legal options.