Have you wondered about restraining orders? What they are and who can get them? 
Thanks to WikiHow.
In Florida, a restraining order is called an “injunction for protection.” It is issued by a civil court and commands the person named in the restraining order to refrain from doing something, usually contacting you or your children or coming within a specified distance of you (say 500 feet). Although the process for getting a restraining order may vary slightly depending on the county, the general procedure is the same.
Understand domestic violence restraining orders. You can get a domestic violence restraining order against a spouse, former spouse, or someone related by blood or marriage. The person must be living with you now or has in the past. You can also get one against the parent of your child, regardless of whether or not you were married or ever lived together.[1] Here are common examples of domestic violence:[2] •assault and aggravated assault
•battery and aggravated battery
•sexual assault and battery
•stalking and aggravated stalking
•kidnapping or false imprisonment
•any criminal offense resulting in physical injury or death of one family or household member by another family or household member
Identify the factors for determining “imminent danger” of harm. You can get a domestic violence restraining order even if abuse hasn’t happened yet. Instead, you can get a restraining order if you are in “imminent danger” of violence. The court will look at a variety of factors when determining “imminent danger”:[3] •the history between you and the abuser, including threats, stalking, physical abuse, and harassment
•if any attempt has been made to harm you or your family members
•if you have been threatened to have your children harmed or kidnapped
•if the abuser has intentionally injured or killed a family pet
•If the abuser has used or threatened to use any weapons against you
•if the abuser has restrained you from calling the police or leaving your home
•if the abuser has a criminal history involving violence or threats of violence
•if there is any prior order of protection entered against the abuser
•if the abuser has destroyed your personal property
•any other action that would lead you to reasonably believe that you are in immediate danger of domestic violence
Understanding the Requirements
Understand domestic violence restraining orders. You can get a domestic violence restraining order against a spouse, former spouse, or someone related by blood or marriage. The person must be living with you now or has in the past. You can also get one against the parent of your child, regardless of whether or not you were married or ever lived together.[1] Here are common examples of domestic violence:[2] •assault and aggravated assault
•battery and aggravated battery
•sexual assault and battery
•stalking and aggravated stalking
•kidnapping or false imprisonment
•any criminal offense resulting in physical injury or death of one family or household member by another family or household member
Identify the factors for determining “imminent danger” of harm. You can get a domestic violence restraining order even if abuse hasn’t happened yet. Instead, you can get a restraining order if you are in “imminent danger” of violence. The court will look at a variety of factors when determining “imminent danger”:[3] •the history between you and the abuser, including threats, stalking, physical abuse, and harassment
•if any attempt has been made to harm you or your family members
•if you have been threatened to have your children harmed or kidnapped
•if the abuser has intentionally injured or killed a family pet
•If the abuser has used or threatened to use any weapons against you
•if the abuser has restrained you from calling the police or leaving your home
•if the abuser has a criminal history involving violence or threats of violence
•if there is any prior order of protection entered against the abuser
•if the abuser has destroyed your personal property
•any other action that would lead you to reasonably believe that you are in immediate danger of domestic violence
Identify other restraining orders. If you do not qualify for a domestic violence restraining order, then you could get a different restraining order. There are four other kinds, depending on the kind of violence and your relationship to the abuser: stalking violence, repeat violence, sexual violence, and dating violence.[4] • Stalking violence: Someone purposely follows or harasses you repeatedly over a period of time for no legitimate purpose, which causes you emotional distress. If during the stalking the person threatens your life or to harm you, with the intent to cause you reasonable fear for your safety, then the stalking is aggravated.[5]
• Repeat violence: Two acts of violence or stalking on two separate occasions, one of which happened in the past six months. These injunctions are usually appropriate for disputes involving neighbors, coworkers, or other non-dating relationships.[6]
• Sexual violence: You have reported the incident to law enforcement and have been cooperating in criminal proceedings; or the abuser is about to be released from prison in the next 90 days and has been imprisoned for:[7] •sexual battery
•lewd or lascivious acts committed against someone under 16
•luring or enticing a child
•sexual performance by a child
•any felony where a sexual act was committed or attempted
Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.
For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.