What Are The Different Types Of Restraining Orders In Florida?

A restraining order, also known as an order of protection, is a legal tool that a person can use for protection against another individual. In this article, the Tampa family lawyers at Faulkner Law Group, PLLC will discuss restraining orders, the various types of restraining orders, and what you will need to know before you file a restraining order against another person.

What is a restraining order and what does a restraining order do? 

In Florida, the individual who files the restraining order is known as the petitioner. The individual who receives the restraining order is called the respondent.

A restraining order is a court order that restricts the ability of the respondent to contact the petitioner. These injunctions are a powerful tool to protect vulnerable people from physical, psychological, or emotional harm.

In the majority of cases, the restraining order will restrict the respondent’s right to contact or be in close proximity to the petitioner. Restrictions afforded by restraining orders include:

• The respondent cannot go near the petitioner’s home
• The respondent cannot go near the petitioner’s place of work
• The respondent cannot go to areas that the petitioner frequents including schools, religious institutions, or a family member’s home
• The respondent cannot contact the petitioner by phone, email, or even by way of a third party
• The respondent cannot possess a firearm or ammunition

Different types of restraining orders in Florida 

In Florida, the petitioner has the burden of proving that the restraining order is necessary. The petitioner must have sufficient grounds for filing a restraining order against another individual. Domestic violence is the most common reason to apply for a restraining order.

Dating violence is another reason why an individual may have cause to file a restraining order. Dating violence includes physical harm, psychological abuse, and emotional abuse. However, the petitioner and respondent don’t have to physically live together.

Sexual violence can also be grounds for a restraining order in Florida. While sexual assault can be a component of a domestic violence case, sexual violence injunctions are a different type of restraining order in Florida.

In addition to the aforementioned restraining orders, the State of Florida also recognizes the danger posed by stalkers. Florida law provides for stalking injunctions for those who are at risk.

Repeat violence, which is different from domestic violence, is also grounds for a restraining order in Florida.

Additionally, you can apply for a restraining order on behalf of a minor child who is the victim of sexual violence, stalking, or repeat violence.

Talk to a Tampa, FL Domestic Violence Attorney Today 

The Tampa domestic violence attorneys at Faulkner Law Group, PLLC represent the interests of victims who are petitioning the court for a restraining order. Call our office today to schedule an appointment and we can begin discussing your next steps right away.