Everything You Need to Know About Restraining Orders

You may have heard of restraining orders but do you know what they are and how they work?

A restraining order is a court order designed to protect someone from harassment or danger from another person by keeping that person at a safe distance away or risk being arrested.  They are often taken out by victims of abuse who fear their abuser.

Anyone can get a restraining order if they feel they are in danger from the other person and there is no cost.  They need to be filed with the courthouse in the county or district where either the filer or the receiver resides.

Restraining orders are very specific and if not followed to the letter, can lead to arrest.

A person with a restraining order on them can be ordered to:

  • –  Have no contact with the filer in person or on the phone, and wherever the filer asks the court to include.  It may be that they have to remain a specified distance away all times or that they’re not allowed in the home.
    –  Leave their home or apartment if it is shared with the person filing the order.
    –  In most cases, custody of minor children will be granted to the person filing the order.  Visitation may be allowed under specific circumstances.
    –  The order may require shared bills are paid.
    –  The order may require the defendant have domestic abuse counseling or require the defendant to complete a substance abuse program.
    –  The judge may order that a police officer goes with the defendant to remove items from the residence or place of business.

The first restraining order request will be a temporary one (usually for 15 days) until a court hearing can be held.  At that time, both the person filing and the person receiving the restraining order will appear before a judge. Both sides will be allowed to bring a lawyer if they choose to do so and to tell their stories of what occurred.  The person filing the order should have proof to show the judge. After all, someone is being restricted from being home or seeing their children, etc. so the filer should show some proof to support the claim, if possible.

After both sides are heard, the judge will decide whether or not there will be a final court order as well as how long and what conditions may be applied.

After the hearing, both sides will receive a copy of the order.  If the person who had the order filed against them violates the order, the local police may be notified and a criminal complaint will be filed for a contempt of court order and he or she will be arrested.

If you have a protective order filed against you that you feel is unjust, it can be appealed with the court who may cancel the order, amend it, or uphold it.

If you’ve been arrested in Florida, call Mercy Bail Bonds for help.  Our knowledgeable and caring staff can guide you through the bail bond process and work to get you out of jail quickly.  Call Mercy today at (727) 856-7775.