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Tampa Divorce Attorney: Restraining Orders Are Not Interchangeable

When two people dissolve what was once a loving relationship, emotions can run high. Just ask any Tampa divorce attorney and chances are, he or she will agree. Why? According to the National Coalition Against Domestic Violence’s statistics, more than 16,000 people in the U.S. alone are killed or physically injured each year at the hands of a disgruntled lover. That’s not counting the ones that are stalked, threatened or abused emotionally and mentally. Thankfully, there are stop-gap measures in place that may help break the cycle. Restraining orders are part of them.

Unfortunately, it is not uncommon for vindictive lovers to fraudulently apply for restraining orders too. It is often done with the hopes of punishing former lovers by disrupting parent-child relationships or taking temporary possession of a major, shared asset (e.g. home, business or motor vehicle). Therefore, anyone contemplating filing for no-contact orders and those being ordered to stay away should seek legal counsel early on.

Depending on the situation, there are various types of restraining orders that may be filed in Tampa. For instance, injured parties may request injunctions against repeat violence, cyber stalking, domestic violence, harassment, dating violence and sexual violence. Each one has its own guidelines and attached penalties. Let’s take domestic violence and repeat violence restraining orders as examples.

In order to get the first order, the alleged victim must show that the threat is real and imminent. The second type of order, on the other hand, doesn’t require the threat to be imminent. However, the alleged victim must show that more than one act of violence has already been committed by the accused and that they happened within a court specified time frame. The Florida Statutes that apply in these cases includes, but isn’t limited to 741.28, 784.046, 741.30 and 784.048.

To learn more about the various types of restraining orders available in Florida and how they may impact a person’s case, please contact our Tampa divorce attorney today.