Over 1.7 million restraining orders are issued in the United States each year. If you are involved in a particularly messy divorce, then getting a restraining order is a great idea. Obtaining restraining orders during a Miami Divorce can be a lot easier with the help of a lawyer. If you are curious about these restraining orders and what needs to be done to get one, then read below for more information.
The Different Types of Restraining Orders During a Miami Divorce You May Need
There are four main types of restraining orders in the state of Florida:
- Domestic Violence Restraining Orders- These restraining orders are issued when the petitioner and respondent have lived together or have had a child together. With these restraining orders, you will be able to keep your ex-spouse or lover away from you by law.
- Dating Violence Restraining Orders- If you have lived together with a person but you have no children together, then you may need to file this type of restraining order during a Miami divorce. Another stipulation you have to meet when filing for this restraining order is that you and the other party in question need to have been involved in a romantic relationship no more than six months prior to the filing of the injunction.
- Sexual Violence Restraining Orders- For victims of sexual abuse, filing a sexual violence restraining order is essential. This restraining order does not require criminal charges be filed in order for this order to be issued.
- Repeat Violence Restraining Orders- The repeat violence restraining order is a catchall that allows people who have any type of relationship with a person to file a restraining order. In order to be awarded this restraining order, you will have to prove to incidents of violence or stalking that occurred within a six month period.
If you feel as if you have cause to file restraining orders during a Miami Divorce, working with a lawyer is a great idea.
Filing Restraining Orders During a Miami Divorce
Once you and your lawyer have figure out what type of restraining order you need, it will be time to file paperwork with the circuit court. The petition you have to file with the court will ask you things like your personal information, where you are employed and a detailed physical description of your spouse. The most important part of this petition is the allegation paragraph. Working with your lawyer will help you figure out how to fill out this section correctly. After the petition is filed, the judge will review it and will grant you a temporary restraining order for 15 days.
Going to Court Regarding Restraining Orders During a Miami Divorce
The next step in getting a restraining order is going to a court hearing. If for some reason your spouse can not be located within 15 days from the issuance of the temporary restraining order, then the judge will generally extend the order for another 15 days. Any evidence that you introduce during these proceedings will have to get certified under the rules of evidence. Working with a lawyer is the best way to avoid issues when it comes to submitting this evidence. They will be able to fill out the right paperwork and will help you get the outcome you are looking for.
If you need help with your Miami divorce, contact our team of attorneys at the Estevez-Pazos Law Firm, P.A. by calling 305-717-7130.