When you are in an abusive relationship, you may not know how to get out
of it. Making the decision to get a protective order can be the first
to end the cycle of violence. An experienced attorney can help you understand
the specific orders available to you, and can help you find immediate
protection
First Step
The first step to obtaining a protective order is filing for a temporary
injunction. This can be done by completing a
questionnaire and filing it with the court. In the questionnaire, you will need to list
the instances of abuse, including dates and specifics. If you do not state
the specific abuse in the questionnaire, you may not be able to use this
instance of abuse at the trial.
Second Step
Once the questionnaire is filed with the court, a judge will review the
facts and decide if there is need for a protective order. If the judge
agrees there is a need for a protective order, he/she will issue a temporary
injunction. The temporary injunction can also protect your children if
they are being abused. Additionally, if you believe that your abusive
spouse will take drastic measures when the protective order is served,
like stopping the mortgage payments, gas, electricity, water, etc., a
protective order can state that one party needs to continue making payments
until a hearing. A temporary injunction is typically valid only through
a hearing on a permanent injunction, which will be scheduled within a month.
Third Step
When the temporary injunction is served on the abusive party, it will include
a hearing date. At this hearing, the judge will hear both sides of the
arguments. You may bring witnesses to the hearing to testify on your behalf,
if they have witnessed the abuse. The abuser can also testify and have
witnesses present on his/her behalf. At the end of the hearing, the judge
will decide whether or not to issue a permanent injunction, which can
last for two years. The permanent injunction can also order one party
to pay for utilities, mortgages, etc. Additionally, the permanent injunction
can keep the abuser away from children or order supervised visitation.
Criminal Charges
Filing for a protective order is considered a civil action. If you feel
that a protective order is not sufficient though, you pursue criminal
charges against your abuser. That is done by going to the police and reporting
the abuse. The police will then investigate, and if they find sufficient
evidence, the police will take the case to the prosecutor. The prosecutor
can then file criminal charges against the abuser in criminal court.
Deciding to request a protective order can seem like a daunting task. However,
it will help protect you and your family in the future. The experienced
South Florida
divorce attorneys at Miami based Hager & Schwartz, PA in can walk you through
the steps of a protective order and represent you at court. Our attorneys
can make sure your rights are upheld and that you feel safe and protected.
Contact
us today for a consultation.