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Orlando Criminal Attorney > Blog > Domestic Violence > What Factors Will a Judge Consider When Issuing a Restraining Order?

What Factors Will a Judge Consider When Issuing a Restraining Order?

If you have been charged with domestic violence in Orlando, the charge alone will bring it with many consequences, even if you are not convicted. One of these is the potential for a restraining order, also known as an injunction for protection or no contact order, being issued against you.

A restraining order will prohibit you from contacting the alleged victim, which you may not have any interest in anyway if they have accused you of committing a crime. However, a restraining order can also prohibit you from seeing your children, which is often a much greater concern. If you think someone may try to obtain a restraining order against you, it is important to know the factors a Judge will take into consideration.

What is a Restraining Order?

Domestic violence is taken very seriously in Florida. According to the law, it occurs when the alleged victim has reason to believe a spouse, former spouse, person related by blood or marriage, or member of a household is placing them in imminent danger. When an alleged victim believes this is the case, they can petition the court for an injunction. One type of injunction that is very common in domestic violence cases is a temporary ex parte injunction. These orders provide the victim with immediate protection from the alleged perpetrator.

Alleged victims must petition the court for temporary injunctions. After the Clerk gives the petition to the Judge, the Court will then determine if the alleged victim is in immediate danger from domestic violence.

Factors a Judge will Consider

A Judge will consider many different factors when determining whether an alleged victim is in imminent danger from domestic violence. These factors are as follows:

 

  • The history of the relationship between the alleged victim and the alleged abuser, including any history of criminal offenses
  • The criminal record of the alleged abuser, particularly if they have been accused or convicted of a violent offense in the past
  • Whether the alleged abuser has attempted to harm the alleged victim, the victim’s family, or any close associates of the victim
  • Threats made by the alleged abuser to kidnap, harm, or conceal the children of the alleged victim
  • Any threats made by the alleged abuser to use a firearm or other deadly weapon against the alleged victim
  • Any damage to the alleged victim’s personal property made by the alleged abuser
  • Any attempt made by the alleged abuser to restrain the alleged victim or prevent them from leaving their home or contacting police

In addition to the above factors, a Judge can also consider any other factor that may indicate the alleged abuser poses an immediate threat to the alleged victim.

Has an Injunction Been Issued Against You? Our Criminal Defense Lawyer in Orlando Can Help

If someone has obtained an injunction against you, it is a very serious matter and you may face immediate and long-term consequences. At O’Mara Law Group, our Orlando criminal defense lawyer can help you avoid these negative outcomes and give you the best chance of beating any charges filed against you. Call us today at 407-634-6604 or fill out our online form to schedule a consultation and to learn more about how we can help.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html

 

 

 

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