Fort Lauderdale Protection Order Attorney – Restraining Order
If you have had a restraining order placed on you, your life is about to change drastically
There are reasons why people may seek protection from an abusive spouse, partner or other family member. There are also times when a restraining order is sought out of spite, unfounded fear or after an isolated incident. If a restraining order has been placed against you, it does more than create a rift between you and the person who sought protection — it sets up a number of obstacles that you may have never imagined possible. Fort Lauderdale restraining order attorney, Kevin J. Kulik, P.A. can provide the experience and knowledge you need to protect your rights. Family issues and allegations of domestic violence are disruptive and unsettling but also have significant legal ramifications. For nearly 30 years, our criminal lawyer has provided counsel and representation that helps ensure that your side of the story is presented to the courts — and that you get the fair hearing you deserve.
What is the difference between a restraining order, a protective order and an injunction?
Restraining orders and orders of protection are forms of injunctions. An injunction is a court order that restricts or prohibits you from having contact with the person who petitioned for the injunction.
A restraining order may be either temporary (ex parte) or permanent (a final injunction). A temporary restraining order is designed to provide immediate protection for the person who filed it and is effective for no more than 15 days. After that, a full hearing takes place and the judge decides whether to grant a final injunction. A final injunction may have a time limit or it may be without an expiration date. As the accused, you have the right to file to have a non-expiring injunction modified or ended.
Different types of injunctions include:
- Domestic violence injunctions (or injunctions for protection against domestic violence) are issued for people who are victims of domestic violence or who have cause to believe that they are at risk of being victims of domestic violence. If issued, the accused may not contact the accuser. It may also give the accuser temporary custody of children and bar you from seeing or contacting them in any way.
- Sexual violence injunctions are granted in cases involving sexual battery, a lewd or lascivious act or another form of committed or attempted sexual violence. The petitioner can request an injunction even if criminal charges were dismissed.
- Repeat violence injunctions are court orders forbidding contact in cases where two separate acts of domestic violence have occurred, one of which happened within the previous six months. This often applies to people who are not officially classified as family members.
What you may be giving up by not fighting an injunction
In addition to not being able to contact your partner, spouse or family member, you may also lose:
- The right to visit or get custody of your children
- The right to go back home
- The right to own a firearm
A restraining order may become part of your permanent record and cannot be sealed or expunged. As such, it may be readily available to your employer or potential employers.
Protect your rights by scheduling a free consultation today
Yes, you can fight a restraining order or injunction. To learn more about how we can help you, please contact Kevin J. Kulik, P.A. online or call us at 954-761-9411 to schedule a free and confidential consultation with Fort Lauderdale protection order attorney Kevin Kulik.