West Palm Beach Restraining Order Hearing Lawyer
Restraining Orders for Domestic Violence
Once a domestic violence arrest is made, the alleged victim will have the option to file a restraining order against the accused. Sometimes the alleged victim is aided in this process by victim service coordinators or representatives of the State Attorney’s Office. If you are facing a domestic violence allegation, the criminal court judge will order that you have no contact with the alleged victim. If you are subsequently served with a temporary restraining order, you may not only be ordered not to have contact with the alleged victim, but you may lose access to your home, you may be ordered not to have contact with your children at home or at school, and you can be ordered to pay for the support of the alleged victim and any dependents. These conditions, among others, can act as a pseudo-divorce because of the power the judge has to restrict you from people and places, as well as the financial conditions the restraining order court can impose for familial support.
Once served with the temporary restraining order, the court will set a hearing to determine whether to impose a permanent injunction for protection. It is in your best interest to hire an attorney for this hearing because of the long-term ramifications if the injunctive relief is granted.
Domestic Violence Allegations and Restraining Orders
A domestic violence restraining order (TRO) can be filed against:
- A spouse or former spouse
- A person related by blood or marriage
- A person you reside with, or once resided with, as if a family
- A person you have a child with
In order for a restraining order (TRO) to be granted, one of the following acts must have taken place:
- An act of domestic violence
- An act which causes the Petitioner to have reasonable cause to believe that he or she is in imminent danger of of becoming a victim of domestic violence
The harsh reality of restraining orders is that you don’t need to be convicted of domestic violence for the court to impose the temporary, or permanent, injunction. The alleged victim/petitioner can bring up aspects from your relationship from years in the past to substantiate the request for the TRO – all you need is to be accused. Many domestic violence accusations are filed out of anger, spite, resentment, or in order to gain an advantage in a pending divorce action. Some are based on false allegations.
Restraining Order Hearings and Arrests
Nellie L. King is an experienced South Florida domestic violence attorney that can help you make sense of this situation and determine your best defense when your home life has been compromised due to an arrest or restraining order petition. Nellie L. King strives to get you back to a sense of normalcy during the chaos that can result from domestic violence and restraining order allegations.
South Florida Criminal Defense Lawyer
Domestic violence cases should be taken very seriously. Nellie L. King will fight to ensure that your rights are protected and your name is cleared. Contact Nellie L. King, P.A. at 561-833-1084 or fill out a form on the side of this page.