Sanford Restraining Order Attorney

Being afraid for your safety is not conducive to a happy and productive lifestyle. Having to adjust your lifestyle in order to avoid someone and keep yourself or your family safe is overwhelming and may leave you constantly stressed. If you find you are in need of protection against an individual, you may want to consider filing for a restraining order. 

Also known as an injunction, the filing process is free and the end results can make the difference of a lifetime. To ensure you are completely protected and filing the right injunction for your specific set of circumstances, it is important to contact a restraining order lawyer in Sanford to help. Fighter Law offers free consultations to help ensure you are headed in the right direction and can provide any legal advice you may need. 

Different Types of Restraining Orders

No matter the type of injunction, the filing process works the same. The petitioner will file for a restraining order for rapid protection against an individual who means them harm. This person is referred to as the respondent. A judge will review the request within 24 hours and an officer will serve the respondent with injunction paperwork to alert them of the filing. The different types of restraining orders you can file for in Sanford include the following: 

Domestic Violence

A domestic violence injunction requires that you have either been a victim of domestic violence or stand a reasonable chance of being one in the imminent future. You will have to prove that you and the respondent are related or have been household members at some point in time. If you are not related to the respondent and have not shared a household but do share a child, you may still file a domestic violence injunction. 

Repeat Violence

If you have experienced repeat attempts of violence from an individual, you may file for a repeat violence injunction. You must be able to demonstrate you have experienced at least two attempts or acts of violence or stalking at the hands of the respondent. 

At least one of the attempts must have taken place within the last six months. Two attempts are defined as two actions separated by time and distance. The time between the attempts can be as little as five minutes for you to still qualify for filing. 

Sexual Violence

Any non-consensual sex act conducted against you leaves you eligible to file for a sexual violence restraining order. This injunction will prohibit the respondent from being in your vicinity or conducting any more violent sex acts. Before the judge will sign the order, you must report the violent act and cooperate with any criminal proceedings.

Dating Violence

A dating violence injunction can be filed if the petitioner and respondent were in a dating relationship. The respondent must have shown signs of abuse or imminent harm. In order to identify whether a dating relationship existed, a judge will look for the following factors:

• The relationship existed within the past six months
• The relationship was based around the expectation of affection or sexual involvement
• The relationship involved frequent and intimate interaction

Your Sanford restraining order lawyer can help identify what evidence is appropriate to demonstrate a dating relationship existed in the past. 

Stalking 

Florida defines stalking as “the malicious and willful following and harassing of another individual.” Stalking can happen in person or online. If you are a victim of stalking, you can file for a stalking injunction. This will prohibit the respondent from continuing to directly cause the petitioner emotional distress. 

If you are worried the stalking may turn violent, you will want to talk with your restraining order attorney about filing for a fixed injunction instead of a temporary one. With a permanent injunction, the state will remove the respondent’s firearms. 

Exploitation of a Vulnerable Adult

You can file an injunction on behalf of an elderly or disabled adult in order to protect them from exploitation and abuse. Eligible parties to file an injunction include: 

• The vulnerable adult themself 
• Their legal guardian
• A person or organization with consent to represent the vulnerable adult 
• An individual who is simultaneously filing for emergency temporary guardianship over the vulnerable adult

This injunction is to help those who cannot help themselves and keep them safe from abuse.