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The basics of Restraining Orders in Florida Family Court

Posted by LEISA WINTZ | Mar 19, 2024 | 0 Comments

Domestic Violence

A domestic violence injunction, commonly known as a restraining order, is a legal tool designed to protect individuals from further harm. If you find yourself in a situation where this is necessary, here's what you need to know. First, visit your local courthouse to file a petition; ensure your allegations are clearly written and submit them to the duty judge. This judge may issue a temporary restraining order based on the initial allegations.

However, this is just the beginning of the process. A quick hearing—typically about 15 minutes—is set on the calendar of a domestic violence judge. Should you choose to hire an attorney, there might be the possibility of securing a more extended hearing, giving you more time to present your case.

Another critical aspect to bear in mind is Florida's unified family court system. If a restraining order is filed and subsequent family-related cases like divorce or custody arise, the initial restraining order hearing might be reassigned to the family case judge. This can introduce delays, and whether this works to your advantage depends on various factors.

Furthermore, the duration of an injunction isn't set in stone. Initially, a temporary order is put in place until the court date, and it can be extended if a trial becomes necessary. Ultimately, the final say on the duration rests with the judge.

Given the complexities and the potential impact on your family, partnering with an attorney who has firsthand experience as a family therapist and a prosecutor can be invaluable. The Family Matters Law Group combines legal prowess with psychological insight to navigate the legal landscape strategically, ensuring you get the support and protection you need. Reach out to us; let's discuss your situation and explore the best course of action—together.

Protect Yourself: Timely Advice on Restraining Orders from FAMILY MATTERS LAW GROUP

If you're facing the urgency of obtaining a restraining order in Florida, the Family Matters Law Group is here with crucial advice. As a female-led firm with a unique blend of experience in family therapy and prosecution, we provide nuanced guidance tailored to the complexities of family law.

It is essential to recognize that the proceedings involving restraining orders can be altered substantially when family cases are filed after restraining order hearings have been scheduled. Our unified family court system means the same judge will oversee both matters. This can lead to either advantageous or disadvantageous situations, depending on the judge's approach and the details of your case.

Deciding to file a family case concurrently with a restraining order petition can lead to reassignment of hearings and potential delays. We recommend consulting a lawyer familiar with the judges and court processes. The Family Matters Law Group prioritizes your safety and well-being, and we're ready to leverage our deep comprehension of family dynamics and legal strategies to your advantage. Let's protect your future and the future of your family. Contact us for dedicated legal support.

About the Author


Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...


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