Protecting Your Safety During Your Separation Or Divorce

There are many conflicts that may arise for parties who are separated or in the midst of a separation in Florida. Domestic violence instances involving an adult or child is one.

If you fear for your safety or the safety of your child, petitioning the court for a restraining order is an option to help keep you and your family secure. At Pacheco Perez P.A., we can help.

Experience Helping Individuals In Similar Circumstances

From our office in Miami, our family law attorneys help clients all throughout South Florida resolve family law matters, including high-conflict issues that involve domestic violence occurrences.

Many people have come to us for guidance, support and security when these issues arise. With many years of experience negotiating disputes in and out of court, we can protect your interests and help you get on the path to a new beginning.

During our first consult, we will talk in detail about every aspect of your circumstance, your fears and concerns, so we can find a customized approach to your situation.

At our office, there is no one-size-fits-all solution to handling domestic violence allegations – the best solutions depend entirely upon the context.

What Is A Restraining Order, And What Can It Do In Florida?

Knowing how to act quickly can make all the difference when you or your child’s safety is at risk. Fortunately, in Florida, the courts can issue an Injunction for Protection, often referred to as a restraining order, to create immediate distance and legal barriers between you and the person causing harm. Depending on the case, the court may:

• Stop the other person from contacting you in any way
• Require them to stay a set distance from your home, workplace or your child’s school
• Grant temporary timesharing arrangements for children
• Give one party exclusive use of the home
• Put other specific safety measures in place

It can also include other safeguards designed to stabilize your situation while the court considers the long-term plan. But most importantly, you may qualify for protection in situations involving domestic violence, dating violence, repeat violence, sexual violence, stalking or cyberstalking.

In Miami-Dade County, petitions are generally filed at the Lawson E. Thomas Courthouse Center. If the judge determines from your sworn statement that you are in immediate danger, they may issue an emergency temporary order the same day.

How The Restraining Order Process Works In Miami

Most cases start with a temporary restraining order (TRO) issued without the other side present if the court sees an urgent need for protection. Within about 15 days, a final hearing will be scheduled. At that hearing, both sides can present evidence such as texts, emails, photographs, police reports or witness testimony and explain their version of events.

Do not forget this process is formal and time-sensitive. As such, any missing documents, missed deadlines or errors in serving the other party could cause delays or even dismissal of your case. While some people try to handle this on their own, the reality is that these situations can quickly become more complicated than expected. Having our team guide you through each step helps ensure nothing is overlooked.

We believe that when safety is on the line, you should not have to manage court filings, deadlines and hearings alone. At our firm, we help you complete the petition accurately, gather the evidence that best supports your position, prepare you for what to expect at the hearing and coordinate service of process with the Miami-Dade Sheriff’s Office.

Schedule A Free Consultation Today

Call one of our lawyers immediately to learn more about restraining orders and whether they are appropriate for your instance.

305-742-0063 | email | Se habla espanol.