Restraining Orders and Their Misunderstanding
I am often questioned about the process involved in obtaining a “restraining order.” People suggest that they will obtain such an order based upon various reasons, most of them contrary to established law.
First of all there is in fact really no such legal document as a “restraining order.” The Order that can be obtained is called an injunction for protection against domestic violence. As the title suggests, this order is to protect someone from domestic violence which is defined as any criminal offense resulting in physical injury or death of one family or household member by another family or household member. The statute goes on to further explain that anyone who is either the victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence has standing to seek an injunction.
The basis for such an injunction therefore must be based upon either acts of violence or acts which would result in the other party having a reasonable belief that there was imminent danger of such violence. Conversely, injunctions will not be issued based upon harassment or threats which do not prove to result in imminent fear of harm.
If you have been a victim of domestic violence, or feel you have reasonable cause to believe you may be a victim, contact our family law firm for legal counsel in Weston, Pembroke Pines and all of Broward County. Call the Law Firm of Evan H. Baron at 954-385-9160 for a consultation today.