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Jupiter Divorce Lawyer > Blog > Domestic Violence > Critical FAQs About Florida Protective Orders

Critical FAQs About Florida Protective Orders

FAQs

The law that controls protective orders in Florida, Section 741, is long, complex, and fraught with Legalese. Such laws are difficult for non-lawyers to interpret even under normal circumstances. Domestic violence transforms normal circumstances into unnatural circumstances. Furthermore, in many cases, domestic violence blindsides victims. They have no idea it’s coming. So, to make the process easier, we’ll look at some frequently asked questions in this post.

However, no online blog can possibly substitute for a personal consultation with a Jupiter domestic violence attorney. A consultation with a lawyer is a safe and secure environment. No one will walk into the office unexpectedly or even know you visited with us. They certainly won’t know what we talked about. Furthermore, online posts often clarify complex issues. But they cannot evaluate your situation and make recommendations. Only a fully-qualified attorney can do that.

What protections can I get in an injunction for protection against domestic violence?

In a temporary, ex parte injunction for protection against domestic violence, which the court issues based solely on the alleged victim’s affidavit, the judge can:

  • Order the abuser to stop,
  • Exclude the defendant from a home or give you temporary, exclusive use of the home that you share together, even if the alleged abuser’s name is on the deed or lease,
  • Establish a temporary parenting plan, including a time-sharing schedule, which can give you up to 100 percent of the time-sharing,
  • Award you temporary, exclusive possession, or control of an animal that belongs to you, the abuser, or a child living with either of you,
  • Issue a no-contact order that’s valid against your pets.

A final injunction for protection against domestic violence, which the judge could issue after the defendant has notice of the proceedings and an opportunity to be heard, can:

  • Extend the provisions in the ex parte order,
  • Issue a no-contact order that applies to you, your family members, and third parties (e.g. tell her I said this),
  • Give you temporary child support or spousal support,
  • Order the alleged abuser to go to treatment, counseling, or a batterers’ intervention program, at his/her own expense,
  • Refer you to a certified domestic violence center, which you can contact if you choose, and
  • Include any orders the judge believes is necessary for your protection or the protection of your children.

A judge will decide which of the above will be included in the order. It’s possible to get attorneys’ fees awarded against either party if the judge believes that there is clear and convincing evidence that s/he knowingly made a false statement or allegation with regard to an important (material) matter that could affect the course or outcome of the proceeding.

Where can I file for an injunction for protection against domestic violence?

With the help of a Jupiter family law attorney, you can file for an injunction for protection against domestic violence in the circuit where you live permanently or temporarily, where the abuser lives, or where the abuse occurred.

Most alleged victims initially file criminal protective orders. A criminal judge is immediately available 24/7/365. Then, the criminal judge transfers the proceeding to a civil judge. If the alleged victim and defendant are involved in a divorce or other civil suit, that civil judge usually inherits the matter.

Significantly, if you have left the home and want to keep the address where you are staying confidential, filing in that county would likely not be a good idea since it would alert the abuser to the fact that you are living in that county. The court can shield your specific address, but not the county’s name.

 Count On a Diligent Palm Beach County Lawyer

Divorce and related matters almost always involve financial and emotional issues. For a free consultation with an experienced Jupiter family law attorney, contact Caroline Olson, P.A. Convenient payment plans are available.

 Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/0741.html

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