man abusing his wifeThanks to popular television crime dramas, many people have an idea of what restraining orders are. Unfortunately, those ideas don’t always have a basis in truth. If you have been served with a restraining order or are wondering if you should have a person served with one, here is what you need to know.

What Is It?

A restraining order is one that is issued by the court. It applies to an individual who has been identified by law enforcement as an abuser. Restraining orders do different things on a case by case basis, but you can typically expect them to include any of the following:

  • One person being prohibited to contact another
  • One person being required to move out of the home
  • One person being required to keep a certain amount of distance from another
  • The awarding of sole custody to one party

Different Types

There are three main types of restraining orders. These are emergency protective orders (EPO), temporary restraining orders (TRO), and domestic violence restraining orders (DVRO).

An EPO is issued when the court cannot be petitioned right away. They typically expire 5 days after they are issued.

A TRO is another emergency order. It is granted before there has been a formal hearing of facts. Once that hearing is held, the TRO will be taken out of effect.

A DVRO is put in place only after formal hearings have been held. The person named in the order would have had the opportunity to present evidence and information in their defense. The DVRO, once issued, lasts for several years. To end this order prematurely, a hearing must be held and a judge must sign off.

Who Can Ask for an Order?

Any person who has been the repeated target of abusive or threatening behavior can ask for a restraining order. The persons named in the order may have been living with one another with our without formal recognition of their relationship. Persons in a relationship who are not living together may also apply for an order. In some states, the minimum age a person must be in order to apply is 12. In others, no minor persons can ask for a restraining order to be put in place.

If you are served with a restraining order in Orlando, you need legal representation. Call our office today for a free case evaluation. We will review the details of your case and advise you how to proceed. Call now.