Domestic Violence

Dealing with a Restraining Order

David Katz on April 25, 2024

People are served with restraining orders on a daily basis. While these orders are simply a piece of paper that can do nothing to prevent people from contacting one another, they are backed by law that has some serious teeth. If you are served with a restraining order in Orlando or beyond, there are some things you need to be sure you do — and don’t do.

1. Follow the Order

When you are served with a restraining order, read it carefully. Do not call the person who sought it and ask them what it is all about. Read it for yourself and consult with an attorney if necessary. You can also ask the law enforcement officer serving you to explain it more clearly. Contacting the person who sought the order will be a violation.

2. Stay Off Social Media

Do not broadcast your woes on social media. Even if you do not directly contact the named party, your rantings could be considered an attempt at contact. Any postings you make will be admissible evidence in court.

3. Keep Your Friends Quiet

If you have mutual friends or family members, urge them to keep quiet about the order and stay out of it. Well-meaning friends and family may attempt to communicate with the complainant who, in turn, can charge you with attempts at communication or intimidation.

4. Talk to an Attorney

As soon as you are served with a restraining order, you need to consult with an attorney. If you do not have an attorney presently, find one immediately. If you cannot afford an attorney, contact a local legal-aid society.

5. Get Ready for Your Hearing

When you are served with an order, you will be scheduled for a hearing. Restraining orders are temporary. Your attorney will ask you for the necessary information and guide you as to how you will testify. No matter what, remember that your conversations with your attorney are privileged. The more honest information you can provide, the better able your attorney will be to mount your defense.

If you have been served with a restraining order, call our office. A member of our team will review your case at no cost to you and provide you with your options. Call us now or browse our website for more information about our firm.

You Can Be Arrested for Domestic Violence Without Victim’s Cooperation

Jennifer Waggoner on September 28, 2016

It seems to make sense that in order to be arrested and charged with a crime, there must be a victim. Crimes like assault, burglary and even domestic violence require that a victim come forward, make a complaint and press charges. Or do they?

In the state of Florida, you can be charged with domestic violence even if the victim is adamant that they don’t want to press charges. Some people find themselves on the wrong side of a law after an argument, even if there is no evidence of injury and the victim doesn’t want you arrested. Here’s how.

In our state, prosecutors can put someone on trial for domestic violence According to a case dating back to 1999, the “decision to prosecute does not lie with the [alleged] victim of the crime.” The State Attorney’s Office can file charges against a person provided the office believes it has enough evidence to prove its case.

Many states have enacted rulings such as these in order to protect victims. Before such rulings were made, victims of domestic violence would often decline to press charges or testify out of fear. To ensure that people who committed these crimes of violence were brought to justice, it was determined that as long as there was enough evidence, prosecutors could move forward without a victim’s cooperation.

It is incredibly important that anyone charged with domestic violence hire an attorney as quickly as possible. Many neglect to do so, believing that the charges will be dropped because the “victim” has no intention of filing charges. Do not make this mistake.

If you have been charged with domestic violence in Orlando or the surrounding area, call our office today. We will schedule an appointment for your free consultation. Let our experienced attorneys help to make sure that you are treated fairly and justice is served.

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How Much Do You Know About Restraining Orders?

Jennifer Waggoner on May 25, 2016

Thanks 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.

Domestic Abuse Allegations and the Consequences

Jennifer Waggoner on January 12, 2016

Being accused of domestic violence is a stressful experience, especially when those allegations aren’t true. People who are accused of the crime can face consequences even if they are never formally charged or convicted. Often, an allegation of domestic abuse is enough to impact your reputation and, at times, our employment. When you are formally charged, the consequences are compounded.

No Mediation

In most states, as soon as one party is accused of domestic abuse, mediation is no longer an option. This is important to consider if you are going through a divorce or any type of custody battle.

Restraining Orders

Restraining orders or temporary protection orders are often put in place as soon as an allegation of domestic abuse is brought forth. This can have an impact on how you are able to communicate or interact with your family.

Criminal Violation

If you are subject to a restraining order and violate it, no matter the reason, you will be subject to additional criminal penalties. In many cases, these criminal penalties may constitute your being charged with a felony.

Use of Home

If you are accused of domestic abuse, you may use the exclusive right to your home, even if that revocation is only temporary. In many cases, you may be excluded from your residence during the length of your trial.

Anger Management

You may be ordered by a judge to attend anger management classes or some type of treatment program. Once you are ordered by a judge to do so, failure to enter one of these courses is a criminal violation.

Civil Liberties

Your civil liberties may be restricted after a domestic abuse accusation. These may include the ability to own or carry a firearm or even to maintain employment, depending on your profession.

Being accused of domestic abuse can be as bad as being charged with the crime. Getting ahead of the accusations can often be in your best interest. Hiring a lawyer to help defend your rights and your good name is always a smart move.

If you have been charged with domestic abuse, contact our offices immediately. Our team of criminal defense attorneys will fight for your rights in court. Call now for a free initial case evaluation.

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