Emergency Restraining Order Attorney in Orlando Near You
A restraining order is a serious legal measure that can significantly impact a person’s rights. However, they also provide necessary protection to those in vulnerable or dangerous situations. Issued only under specific circumstances, these orders commonly arise in cases involving custody battles, domestic violence disputes, or divorces. When put in place, a restraining order establishes clear legal boundaries to shield one party from harassment or harm. Understanding what a restraining order entails and its potential consequences is crucial, as it carries long-term effects that require careful consideration.
Sean Smallwood is a seasoned family law attorney with extensive experience handling restraining orders in a range of complex court cases. His experience covers situations involving divorce, child custody disputes, and other sensitive family matters where protective orders are often sought. Whether you need to pursue a restraining order or injunction for protection for your own safety or have had one placed on you during a divorce or custody case and need legal representation, Sean Smallwood and his dedicated team are here to provide guidance and strong legal support. Don’t hesitate to reach out to our team today for the assistance you need.
What Is A Domestic Violence Restraining Order in Florida
A domestic violence protective order, also known as a domestic violence restraining order in Florida, is a legal injunction designed to protect individuals who are victims or potential victims of domestic violence. Under Florida law, a person may file a petition for this type of order if they have experienced any act of domestic violence, such as:
- Repeat violence
- Dating violence
- Sexual violence
- They have reasonable cause to believe they are at immediate risk of harm
In Florida, domestic violence situations may involve current or former spouses, blood relatives, individuals who have lived together as a family, or people with a child in common (regardless of marriage). For individuals with a shared child, they must either currently live together or have done so in the past. Other situations that may warrant a protective order include:
- Dating violence, which is where there has been a continuing and significant romantic or intimate relationship
- Repeat violence, which has involved at least two incidents, with one occurring within the past six months
- Sexual violence, such as sexual battery or lewd acts involving minors
- Stalking, including cyber stalking, is also covered under these protections, as it involves repeated harassment that causes substantial emotional distress to the victim
For urgent matters, a Florida emergency restraining order may be granted to provide immediate protection. If you need assistance with obtaining or defending against a domestic violence protective order, an experienced restraining order attorney near you, like Sean Smallwood, can offer guidance and represent your interests effectively.
How To Defend Yourself Against Accusations That Resulted In A Restraining Order in FL
Unfortunately, there are situations where a spouse or parent may seek a domestic violence protective order even when no domestic violence has actually occurred. In such cases, it’s crucial to have skilled legal representation to challenge the allegations. The best way to defend against false allegations that result in a restraining order is to hire a reputable restraining order attorney near you.
Sean Smallwood is dedicated to effectively defending clients facing unjust or false accusations that result in a restraining order or injunction of protection. He will work diligently to gather evidence, present your case, and demonstrate the absence of domestic violence or harm to a child. His goal is to have the restraining order or injunction for protection dissolved, ensuring that your rights are protected and that you are not unfairly impacted by false claims.
How To Get Help In A Domestic Violence Situation near Orlando, Florida
If you’re experiencing domestic violence in Orlando, FL, help is available. You can call the Florida Domestic Violence Hotline at 1-800-500-1119, a 24/7 service offering confidential support. Alternatively, reach out to the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or text START to 88788 for assistance. Local resources like Harbor House of Central Florida also provide emergency shelter, legal advocacy, and counseling; contact them at 407-886-2856. Remember, you’re not alone, and there’s help to guide you toward safety. If you’re in immediate danger, call 911.
Injunctions for Protection – Is It The Same As A Restraining Order Near Orlando, FL?
Injunctions for protection and restraining orders share similarities, but they differ in terms of duration and process for obtaining them. While most restraining orders are temporary measures meant to provide immediate protection, injunctions for protection are generally the final step in the restraining order process.
When someone petitions for a restraining order, a judge typically schedules a court date within two weeks to hear from both the petitioner and the respondent. During this hearing, the judge examines the evidence and makes a decision to either grant or deny the injunction. If the judge grants it, the injunction for protection becomes a binding, longer-term order. The judge will set specific time limits and any applicable monetary damages when ordering injunctions for protection. These time limits can range from a few months, which is known as a temporary injunction, to several years, depending on the case’s circumstances and the level of protection needed.
Can I Get An Emergency Restraining Order In Florida?
If you’ve been a victim of physical violence or have been threatened with harm, you may be able to get an emergency restraining order in Florida to protect yourself from further harassment or harm. In urgent situations, a temporary restraining order may be granted as soon as you file your petition with the family court, providing almost immediate protection if it is granted. Florida law includes several types of restraining orders, each tailored to specific circumstances, so the protection you receive will depend on the kind of order you request and the specific details of your case.
In family court, you can also obtain an emergency order of protection for your child, which is typically accompanied by an emergency restraining order. This is particularly relevant if there are signs that a child is in immediate danger, facing abuse, or at risk of being removed from the state. In such cases, an emergency custody order can provide necessary safeguards to protect you and your child’s well-being.
If you have questions or need assistance with a restraining order or an injunction for protection in Florida, whether it’s for yourself or a child, don’t hesitate to reach out to Sean Smallwood, a restraining order attorney near you. Our team can guide you through the process and help ensure that you and your loved ones are protected.
Contact A Restraining Order Attorney Near You in Orlando, Florida
If a restraining order, emergency restraining order, or injunction of protection has been placed on you based on false allegations, it is very important to seek legal help immediately. When accusations of domestic violence arise during a divorce or paternity action, the case becomes significantly more complex. Once a petition for protection is filed, a full evidentiary hearing will be scheduled, provided the claim of domestic violence or potential harm to a child meets the legal requirements. Many individuals who have had a restraining order placed on them make the mistake of assuming that because they are innocent, the truth will naturally come out in court. They might attend the hearing alone, without witnesses or an attorney to represent them, expecting justice to prevail. However, these hearings often don’t play out as expected.
Judges tend to take a conservative approach, especially if the petitioner’s testimony meets the necessary legal criteria. This makes it essential to have a knowledgeable attorney who can meticulously prepare your defense. Sean Smallwood, a restraining order attorney near you, has the experience to navigate these complex cases. He understands the importance of gathering evidence, securing witnesses, and building a strong defense to demonstrate the truth. Don’t risk facing these serious allegations and a restraining order alone, contact Sean Smallwood for the legal guidance you need to protect your rights.
