Restraining Orders

Philip M. Snyder, Sean L. Collin & Nabeel Basit Counsel And Advise Individuals Seeking And Defending Restraining Orders

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Obtaining a restraining order or an injunction for protection can be a complex and time-consuming process. Criminal defense attorney Philip M. Snyder and family law attorneys Sean L. Collin and Nabeel Basit are familiar with the “fact pattern” a Judge will require before issuing a restraining order for domestic violence, repeat violence, or dating violence.

Sometimes the addition of one sentence is the difference between the Court granting or denying your Petition.   As such, it is in your best interest to consult with a restraining order attorney prior to filing your Petition for Restraining Order.

If you are served with a restraining order, it is important to consult with a restraining order attorney as soon as possible.  Final restraining order hearings are typically set within 14 days of issuance so time is of the essence.  Additionally, as an anticipatory strike in a divorce, one party may file a restraining order against their spouse as a way to have them ejected from the marital residence.

Restraining Orders: Know Your Rights

"Domestic violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

"Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.

With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

Philip M. Snyder and Nabeel Basit are former domestic violence prosecutors. Let us use our experience to your advantage.

Seeking A Restraining Order... So Many Options

"The Domestic Violence Injunction" means any family or household member can seek an injunction against any other family or household member. The petitioner must have been a victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.

"The Repeat Violence Injunction" means any person who is the victim of repeat violence can seek an injunction against the person causing the violence. Repeat Violence means two (2) incidents of violence or stalking with one incident having occurred within the last six months of filing the petition.

Violence means any assault, aggravated assault, battery, aggravated battery, sexual assault or battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death. The Court must also determine that there is an immediate and present danger of repeat violence to issue the injunction.

Enforcement of these injunctions is typically through the criminal courts.

"The Dating Violence Injunction" means any person who is the victim of dating violence can to seek an injunction against the person causing the violence. Dating Violence means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.

Violence means any assault, aggravated assault, battery, aggravated battery, sexual assault or battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death.

In order to obtain an injunction for dating violence, a dating relationship must have existed within the last six months of filing the petition.  The Court must also determine that there is an immediate and present danger of dating violence to issue the injunction.

Philip M. Snyder and Nabeel Basit were former domestic violence prosecutors. Please read Philip M. Snyder's article Obtaining an Injunction Against Domestic or Repeat Violence for more information on how the attorneys at Lyons, Snyder & Collin can help you file for an Injunction.

Contact The Florida Restraining Order Lawyers office location nearest you to schedule a free consultation