Daytona Beach Protection Orders

Domestic violence is all too common in Daytona Beach and throughout the state. Protection orders are legal injunctions – judicial orders that restrain a person from beginning or continuing a particular action. These official documents, issued by the court, are intended to protect victims from future violence. They are orders prohibiting another person from doing certain things. Usually, the person addressed is ordered to stay away from and not to contact the person who requested the protection order.

How Can Protection Orders Help?

Also known as protective orders or restraining orders, protection orders make it a criminal offense for the person who has been abusive to come near you or contact you in any way. They can be an effective tool for preventing domestic violence, stalking, or harassment. Protection orders cannot guarantee your safety, but they can give you the following advantages:

• If your abuser contacts you once a protection order has been issued, he or she can face criminal penalties, which may include incarceration.
• Filing for a protection order establishes a record of abuse. This makes it easier to press criminal charges in the future.
• Having a protection order in place alerts police and other authorities to take additional steps to protect you.
• When you obtain a protection order, it can force an abusive partner to move out of your residence.
• An abusive partner may be required by the court to pay you temporary child support and alimony.

What Types of Protection Orders Are Issued in Florida?

When you file a petition with the court for protection against domestic violence, the court will consider issuing two types of protection orders.

Temporary Injunction

Also called an ex parte injunction, this type of order is designed to give you and your family immediate protection from the abusive person. The clerk will give your petition to the judge as soon as you file it, and the court will grant a temporary injunction if it finds that there is immediate and present danger of domestic violence. The order takes effect immediately when the abuser is served. It remains in effect for a specified number of days, but no longer than 15 days, unless the judge grants a continuance for good cause shown by either party.

Final Injunction

At a later date, a full hearing will be held in which the court will decide whether to give you a final injunction against your abuser. A final injunction provides more protection than a temporary injunction. This type of protection order may have a set duration, for example, one year, or it may have no expiration date. If the order is indefinite, either party can file a petition with the court to modify or dissolve the injunction at any time, and the judge will decide whether to grant it.

When Can You File a Petition for a Domestic Violence Protection Order?

Protection orders against domestic violence may be issued at the request of victims who have a specific relationship with the abuser, such as spouse, former spouse, cohabitant, former cohabitant, relative by blood or marriage, or a child’s other parent. The court may issue protection orders if a household or family member commits any of the following acts of violence:

• Assault, aggravated assault, or sexual assault
• Battery, aggravated battery, or sexual battery
• Kidnapping
• False imprisonment
• Stalking or aggravated stalking
• Any other criminal offense that causes bodily injury

For legal help in obtaining protection orders, contact Politis & Matovina at (386) 333-6613. We are a well-respected law firm that was established in 1993. Our Daytona Beach family law attorneys are committed to protecting the best interests of our clients.