Restraining Order / Protective Order
The purpose of a restraining order or protective order is to protect the petitioner from domestic violence. If there has been an order of protection filed against you in Brevard County or the surrounding areas, you need to contact an attorney at the Law Offices of Germain & McCarthy. There are serious penalties if you violate a restraining order. An attorney at the Law Offices of Germain & McCarthy will be able to explain your rights and communicate with the court and the protected party on your behalf.
Melbourne Restraining Order Attorney
At the Law Offices of Germain & McCarthy, our attorneys handle a wide range of domestic violence defense cases in Brevard County, Osceola County, Orange County, Seminole County, Volusia County, Rockledge, Palm Bay, West Melbourne, Melbourne Beach, Indian Harbour, Indialantic, Cocoa Beach, Cape Canaveral and Melbourne. Contact our office at (321) 253-3447 for a free consultation.
Protective Order Information Center
- Types of Florida Restraining Orders
- Purposes of Florida Restraining Orders
- Penalties for violating Florida Restraining Orders
Florida has four different protection orders associated with family violence:
- Domestic violence – the petitioner and respondent must have either lived together at one time or have a child together.
- Dating violence – the two individuals have never lived together, have no children in common and were involved in a romantic relationship within 6 months of filing the injunction.
- Sexual violence – This injunction is for the victim of sexual violence. There is no requirement for filing a criminal prosecution or that a criminal prosecution is successful.
- Repeat violence – This is the catch all protective order provision that anyone can fall under as long as there are 2 incidents of violence such as stalking and one of the incidents must be within 6 months of filing for the injunction.
If you have been served with any type of restraining order, it is necessary to get legal representation. It is a violation to come into contact with the protected party. An attorney can contact the court and send official legal documents to the protected party on your behalf.
Protection of the alleged victim’s physical safety is the purpose for a Florida restraining or protective order. In order to protect the individual’s safety, the judge may put the following restrictions into the order:
- The alleged abuser must stop all acts of violence toward the alleged victim.
- The alleged abuser must leave the shared home.
- The alleged abuser must have no contact with the alleged victim unless court ordered by the judge.
- The alleged abuser must stay away from the home, school, place of work or places that you spend time such as a relative’s home.
- The alleged abuser may lose custody of any children that are shared with the alleged victim.
It is important to get legal advice if any type of injunction is filed against you. Your attorney can bring forth motions and arguments to the court to protect some of your rights.
According to Florida Statutes 784.046, an individual willfully violates a restraining order if he or she does the following things:
- Refusing to leave the shared residence.
- Going to the alleged victim’s residence, school, work place, or a specified place frequented regularly by the alleged victim and any named family or household member.
- Committing an act of repeat violence, sexual violence, or dating violence against the petitioner.
- Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner.
- Telephoning, contacting or otherwise communicating with the petitioner unless the injunction specifically allows indirect contact through a third party.
Any violation is considered a misdemeanor of the first degree punishable by one year in jail and a $1000 fine.
ResourcesVictims’ Services Unit
Palm Bay Police Department
130 Malabar Road S.E.
Palm Bay, Florida 32909
Phone (321) 952-3459
Fax (321) 952-3406 Melbourne Branch Courthouse
51 South Nieman Avenue
Melbourne, Florida 32901
Law Offices of Germain & McCarthy | Protective Order Attorney in Brevard County
If you have been served with a protective order or restraining order, contact the Law Offices of Germain & McCarthy at (321) 253-3447 to get immediate legal representation. Violating a Florida restraining order can have serious consequences. Only a Melbourne domestic violence attorney can help you. Once you outline the circumstance of your case to our lawyers, we can begin creating a defense to get the protective order modified or dismissed.