10th Jul 2018
Restraining orders are often sought on the premise that they will protect a victim from domestic violence. However, a criminal defense attorney in Miami Dade may be familiar with these orders being used for improper reasons. A criminal defense attorney in Miami Dade can provide protection against these orders.
Types of Restraining Orders
Florida recognizes a number of different restraining orders, which vary based on the relationship between the person seeking the order and the person against whom the order is sought. Restraining orders can help protect victims from domestic violence, dating violence, sexual violence and repeat violence. Domestic violence refers to the parties being involved in some type of cohabitation situation or having a child together and dating violence occurs when someone is hurt by someone with whom they had a romantic relationship. Sexual violence restraining orders protect victims of sexual abuse even if there were no criminal charges of this nature. Repeat violence protects victims in other situations who are being injured by someone.
Uses of Restraining Orders
Restraining orders primarily are designed to protect victims of domestic violence. However, these orders may come with additional benefits to the person who files them, such as being able to exclusively possess a marital residence, establish a temporary child support order, have exclusive custody of children they share with the abuser, remove firearms from the individual or have other temporary relief. A criminal defense lawyer can investigate if there are any ulterior motives for why the alleged victim is pursuing a restraining order and can incorporate this information into his or her defense.
If you have received notice that a restraining order is being sought against you, it is important that you contact an experienced criminal defense lawyer to develop a customized legal strategy to protect your rights.