Broward Florida USLegal Guide on Restraining Orders and No Contact Orders

State:
Multi-State
County:
Broward
Control #:
US-GDE-09
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Word; 
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Description

This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.

Broward Florida Legal Guide on Restraining Orders and No Contact Orders provides comprehensive information and guidance on legal procedures related to restraining orders and no contact orders in the Broward County jurisdiction of Florida, United States. This guide aims to help individuals understand the legal aspects involved in obtaining a restraining order or filing for a no contact order, ensuring personal safety and protection from harassment or violence. Within Broward County, there are different types of restraining orders and no contact orders that individuals can seek based on specific circumstances. Some notable types include: 1. Domestic Violence Restraining Orders: This type of order is sought by individuals who are victims of domestic violence, including spouses, ex-spouses, intimate partners, family members, or household members. Broward Florida Legal Guide provides step-by-step instructions on how to file for a domestic violence restraining order and the procedures involved. 2. Dating Violence Restraining Orders: Similar to domestic violence restraining orders, this type is specifically for individuals who have been involved in a dating relationship and have experienced violence or harassment. The guide offers insights on the necessary steps to obtain a dating violence restraining order. 3. Stalking Restraining Orders: Individuals who have been victimized by stalking behavior, such as unwanted surveillance, threats, or repeated harassment, can apply for a stalking restraining order. The Broward Florida Legal Guide provides relevant information on obtaining this type of order and the legal requirements associated with it. 4. Sexual Violence Restraining Orders: Victims of sexual violence or assault can seek a sexual violence restraining order to protect themselves from further harm or contact with the offender. The guide outlines the necessary legal process and documentation needed to obtain this type of order in Broward County. 5. Repeat Violence Restraining Orders: Individuals who have experienced multiple incidents of violence or acts that cause reasonable fear can seek a repeat violence restraining order. Broward Florida Legal Guide provides detailed instructions on how to file for this order and the proof required to substantiate claims. In addition to assisting individuals in understanding the different types of restraining orders, the Broward Florida Legal Guide covers various aspects related to no contact orders. No contact orders typically arise in criminal cases, where a court prohibits an offender from contacting or approaching the victim. The guide explains how such orders are issued and their implications for both parties involved. Overall, the Broward Florida Legal Guide on Restraining Orders and No Contact Orders is an invaluable resource for individuals seeking protection from harassment, violence, or undue contact within Broward County. It offers a comprehensive understanding of the legal process, filing requirements, and the different types of restraining orders available to ensure personal safety and security.

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FAQ

Definition of 'No Contact' Order Unless otherwise specified by the court, a no contact order in Florida means that a defendant is to have no interaction- direct or indirect- with the alleged victim.

A no contact order can only be lifted if the victim asks for it. It is the victim's motion, not the defendant's. A victim would have to contact the judge's assistant, get a court date and appear in court. The judge hears from the victim first.

Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.

If you want to get back together, or even just talk to the other person or see them, you can: ask the court to change the order. The court can drop the "no contact" part of the order but keep the "no abuse" part of the order.

Evidence of any damage to property (for example photos) information about the defendant's use of alcohol or drugs. information about the defendant's access to firearms or other weapons. information about any mental health issues.

How do I get the no contact order changed? You can ask the court that made the order to vary (change) it. Your partner must agree to the change and appear before the judge to explain why. The judge will have to agree that your partner (and any of your or your partner's children) are no longer at risk of harm from you.

Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order.

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.

The usual period for a restraining order runs between 10 days and one year. For a first-time non-severe offender, a judge will ordinarily issue an order under 12 months. Therefore, if you are gravely concerned, you will need to convince a judge that you require protracted levels of protection where necessary.

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Temporary Restraining Orders . The County Attorney's Office does not handle or involve itself in restraining orders as we have no standing.LegalShield does not have an out of network system.

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Broward Florida USLegal Guide on Restraining Orders and No Contact Orders