Protecting Victims: How Family Law Handles Domestic Violence Restraining Orders

Family courts handle civil restraining orders that are designed to stop acts of physical and emotional abuse. These types of restraining orders are available to individuals who have a dating relationship, a spouse, a parent of a common child or persons who lived together. In New York, these restraining orders (known as family offenses) are called “orders of protection.” It is a criminal offense to violate such an order of protection. If you think that the person who has an order against him or her is violating it, you may file a complaint with the police.

The process to ask for an order of protection starts with filing a petition. Whether you have a lawyer or go through the Self-Help Center, this petition will require you to state your case and provide specific details about the harassment, threats, stalking, assault or other acts of domestic violence that you have experienced. If a judge believes that you have a valid case, he or she will issue a temporary order of protection. This will keep the other person away from you and requires him or her to show up at a court date for a final determination of whether the order will remain in place.

A restraining order can restrict the other person’s contact with you in many ways, including not calling, texting or coming to your home. If the other person violates this order, you can call the police and they will probably arrest him or her. You can also file a petition in Family Court to have the judge issue a permanent order of protection. This works much like a regular court hearing where you testify and present evidence such as police or medical reports. The other party will have an opportunity to challenge your claims and present their own evidence.

After a judge decides whether or not to grant you a permanent order of protection, he or she will determine child custody and visitation arrangements based on what is in your best interest as the parents. Depending on the circumstances, a judge might not grant you joint custody or might only allow unsupervised visits during certain times of the day. A restraining order can also affect property division, as the judge will take domestic violence seriously into consideration when deciding how to divide your assets and debts.

Miami domestic violence attorney at Davis and Associates, Attorneys at Law, LLC is are Certified Family Law Specialist by the Florida Board of Legal Specialization and has extensive experience handling high-conflict divorce cases. He has seen both true allegations of domestic violence and false accusations that are often made in the midst of an emotionally charged dispute over property settlement or other issues. If you have questions about filing for a protective order or need assistance with any other family law matter, please contact us today. We are always here to help you. We offer free consultations.

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