Tem­po­rary · Vio­la­tion · Harassment

Miami Crim­i­nal Defense Attorney

A restrain­ing order is a doc­u­ment issued by the court pro­hibit­ing one indi­vid­ual from com­plet­ing a threat­ened act. Restrain­ing orders are also issued by the court to keep one per­son from get­ting near another per­son, to pre­vent harm, harass­ment, and/​or stalk­ing. In gen­eral, a restrain­ing order pre­vents a threat or per­ceived threat from occur­ring by bar­ring one indi­vid­ual from get­ting near another indi­vid­ual. Thus, in order for a restrain­ing order to be issued, the indi­vid­ual fil­ing the restrain­ing order must be able to prove that there is a real threat. This means the indi­vid­ual will, with­out a doubt, suf­fer injury or other harm if the restrain­ing order is not issued as requested. It also must be evi­dent that the restrain­ing order will do more harm than good to both par­ties involved.

Gen­er­ally speak­ing, restrain­ing orders are tem­po­rary doc­u­ments. Restrain­ing orders pro­vide tem­po­rary relief to a prob­lem with the assump­tion that a fur­ther court hear­ing will address the threats at hand. Tem­po­rary restrain­ing orders are also known as TROs. It is pos­si­ble to obtain a per­ma­nent restrain­ing order, how­ever, there must be suf­fi­cient evi­dence that the per­ma­nent restrain­ing order is nec­es­sary. This process can take a sig­nif­i­cant por­tion of time to achieve. One rea­son a per­ma­nent restrain­ing order may be granted is con­tin­ual harass­ment of another individual.

If in fact you need assis­tance with how to file a Florida Restrain­ing Order or how to defend against a Florida Restrain­ing Order, please con­tact our office imme­di­ately for a FREE CON­SUL­TA­TION — Flu­ent Span­ish spoken.