Restraining orders are viable options for stopping people from harming or injuring others. However, what actions are viable causes for Florida restraining order creation? In this blog post, a Volusia criminal defense attorney will examine the reasons people can obtain Florida restraining orders against others.
Actions that Can Result in Restraining Orders
A petitioner (someone who files and is protected by a restraining order) can receive an injunction against a respondent (the person who receives the restraining order) for several reasons.
Actions that can result in restraining orders against family or romantic interests include:
- Aggravated assault;
- Aggravated Battery;
- Sexual Assault;
- Sexual Battery;
- Aggravated Stalking;
- False imprisonment;
- Any other criminal offense resulting in physical injury or death.
Actions that can result in restraining orders against strangers include:
- Repeated acts of violence;
- Sexual violence such as sexual battery, luring or enticing a child, etc.;
- Stalking or cyberstalking.
Quality of Evidence Required to Obtain a Restraining Order
Unfortunately, the quality of evidence necessary to obtain a restraining order is relatively low. For example, restraining orders can be created for people when they have “reasonable cause” to believe they are in immediate danger of becoming a victim of any of the acts mentioned above.
Therefore, restraining orders can be made just because someone thinks someone else is going to harm him or her.
Sadly, many people say things they don’t mean in the heat of a moment. Under the right circumstances, this kind of scenario could lead someone to receive a wrongfully ordered injunction.
Did Someone Create an Unnecessary Restraining Order Against You?
As you can see, there are legitimate reasons restraining orders exist, but they can be misused by manipulative people. There is no reason your freedoms should be taken away because of someone else’s misplaced concern. If you or someone you love is the victim of an unnecessary restraining order, Hager & Schwartz can help you fight back.
Call (386) 693-1637 now for a free consultation concerning your restraining order.