How Orders of Protection in Coral Gables Work
Protective orders represent legal injunctions, i.e., an official document dispersed and imposed by the courts. This particular document aims to protect individuals from the possibility of future violence by ordering an individual to not engage in certain actions.
In most cases, this means staying away from and not contacting another party who requested the order of protection. In the state of Florida, the courts may grant one of four separate types of protection orders. These orders of protection in Coral Gables include:
Domestic Violence Orders of Protection in Coral Gables
A domestic violence order of protection may originate when a member of a family or household commits an act of violence against another family or household member. These violent acts could include:
- Assault, aggravated assault, as well as sexual assault
- Battery, aggravated battery, sexual battery
- False imprisonment
- Any criminal offense that results in physical injury or death
These orders specifically focus on the protection of victims who wield a specific relationship with the accused abuser. Victims are often current or former spouses, in addition to relatives by blood or marriage, cohabitating individuals and previous cohabitating individuals, or a child’s parent.
Orders of Protection in Coral Gables for Repeat, Dating, and Sexual Violence
Some victims may not fall under the domestic violence category. In this instance, they will likely need to file for protective orders that concern repeat, dating, or sexual violence. These orders offer similar protections to domestic violence victims.
However, repeat violence under Florida law involves two instances of violence as committed by an abuser against a victim or their immediate family members. These instances must take place within six months of the filing for the protective order.
Dating violence represents violence between individuals currently or previously involved in a continuing and significant romantic or intimate relationship. The courts determine if a relationship reflects continuing and significant if the parties dated within the last six months, the relationship involved expectations for affection or sexual involvement, in addition to an involvement between parties over a continued amount of time.
Sexual violence involves acts of sexual battery, lewd and lascivious acts in the presence of an individual under the age of 16, enticing of a minor, sexual performance of a minor, or other felonies involving sexual acts or the attempt of sexual acts.
Restraining Orders and Orders of Protection in Coral Gables
In Florida, the law refers to restraining orders as orders of protection. The civil court issues these orders, commanding an individual named in the order to cease activities and stay away from their accuser. The process of attaining these orders may vary slightly between jurisdictions. Nonetheless, the process remains essentially the same.
Victims can seek orders of protection against former spouses, current spouses, and virtually anyone related by blood or marriage. However, the accused must live with the victim or formerly lived with the victim.
Similarly, a victim may seek and attain an order of protection even when abuse has not yet occurred. This is a representation of “imminent danger” for future violent occurrences. The courts look at a wide variety of factors, including history between parties, as well as violent acts of the accused, and potential attempts to harm the victim or their family members.
In these situations, emotions are often very charged, and situations can remain notably dangerous even after the acts of violence or potential violence occurred. Most scenarios necessitate quick action, seeking a resolution for a victim as quickly as possible.
For this reason, seeking out a professional individual for assistance in these matters remains imperative. For an order of protection to remain enforceable, the accused abuser must be served the order.
Professional process servers remain the ideal solution for timely, accurate serves in any legal scenario, including potentially violent ones in relation to orders of protection in Coral Gables. They wield unique skills and experience to diffuse violent situations, remaining professional and accomplishing potentially difficult or challenging tasks.
Information on Orders of Protection in Coral Gables from Lightning Legal Couriers & Process Servers
Victims of abuse and potential future abuse wield options for filing restraining orders or “orders of protection” against the perpetrator. However, the accused additionally has rights of their own. From either side of the argument, securing legal counsel is essential to a positive resolution.
When you need to serve orders of protection in Coral Gables that often represent difficult and violent situations, a professional, licensed process server is crucial. To learn more, contact Lightning Legal Couriers & Process Servers today!
“Injunction | Wex – Legal Information Institute – Cornell University.” https://www.law.cornell.edu/wex/injunction. Accessed 31 Dec. 2019.
“Repeat Violence Injunctions in Florida – Fighter Law Firm.” https://www.fighterlaw.com/practice-areas/criminal-defense/injunctions/repeat-violence-injunction/. Accessed 31 Dec. 2019.
“Florida Courts.” https://www.flcourts.org/. Accessed 31 Dec. 2019.