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.
There are four main types of restraining orders in the state of Florida:
If you feel as if you have cause to file restraining orders during a Miami Divorce, working with a lawyer is a great idea.
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.
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.