Attaining Orders of Protection in Miami
In the State of Florida, the law refers to what most know as a restraining order as an “order of protection.” These orders are issued by the civil court, commanding an individual named in the document to refrain some doing something.
Most often, orders of protection in Miami from a court will stop the named subject from contacting another individual or their children. It may additionally outline that the subject refrains from coming within a prespecified distance of the individuals as well.
The process for attaining orders of protection will vary slightly depending on the jurisdiction.
Nonetheless, the general procedure is the same. These situations are quite serious and can involve the safety of an individual, families, and children. For this reason, our team from Lightning Legal Couriers and Process Servers wants to break down some information on orders of protection in Miami. Read on to learn more.
Understanding Orders of Protection in Miami
Individuals may attain orders of protection in Miami against various people. These include spouses, former spouses, or anyone related by blood or marriage. The subject must also remain living with the individual now, or lived with the individual previously. Parents may additionally secure an order of protection against the parent of a child regardless if they were married, or ever lived together.
Orders of protection often concern domestic violence situations. Some common examples of domestic violence include:
- Assault and aggravated assault
- Any criminal offense that results in physical injury or death of a household member by another household member
- Kidnapping and false imprisonment
- Sexual assault and battery
Furthermore, the State of Florida outlines four different types of protection orders that may involve four distinct types of violence. These include
Individuals can also attain an order of protection if violence hasn’t yet occurred. This consists of outlining “imminent danger” for the violence taking place. Nevertheless, when a court issues an order of protection, it must be served on an alleged abuser to remain enforceable under Florida law.
Ensuring the due process of the law and service of process in violent situations that involve orders of protection in Miami requires serving papers to the alleged abuser, including a copy of the order, as well as a notice of hearing.
Some parties will enlist the services of a court officer or local sheriff to serve their papers. However, professional process servers provide a number of distinct benefits that make them the ideal solution in these situations.
Process Servers and Orders of Protection in Miami
Protection order scenarios may involve dangerous situations, in addition to potentially dangerous individuals. This may make it challenging to serve documents on a defendant named and involved in the legal action. For this reason, it is prudent to serve the papers as soon as possible.
Professional process servers dedicate their time and effort to the individual enlisting their services. They additionally wield unique experience and training that helps them diffuse hostile and violent situations. This helps them not only accomplish these difficult serves but also remain sympathetic to the sensitivity of the situation as well.
Furthermore, every jurisdiction imposes specific laws and regulations that govern proper service of process. Even at a county court level, these laws can differ from area to area. As a result, process servers must serve papers and conduct activities in a very specific, legally outlined way.
Spouses and other involved parties may also remain unaware of the current location of an alleged abuser. The situation will seemingly permeate difficulty as all involved scramble to determine what to do.
However, process servers wield unique techniques to accomplish difficult serves. The best companies like Lightning Legal Couriers and Process Servers, even specialize in tracking down and accomplishing difficult serves on subjects.
Information on Orders of Protection in Miami from Lightning Legal Couriers and Process Servers
When dealing with a violent or potentially violent situation, time is of the essence. It is crucial that victims secure a reliable and experienced resource that possesses the tact and specialized skills to handle the situation appropriately.
Serving orders of protection in Miami is no easy task, and dealing with a potentially violent individual is not something to take lightly. Enlisting the services of a professional, licensed process server is paramount to ensuring the serve is accomplished swiftly and efficiently.
To learn more about the lightning-fast service that our team can provide, contact the dedicated professionals from Lightning Legal Couriers and Process Servers today!
- “Florida’s Four Orders of Protection Against Violence ….” 11 Dec. 2003, https://www.floridabar.org/the-florida-bar-journal/floridas-four-orders-of-protection-against-violence-distinguishing-the-difference/. Accessed 18 Nov. 2019.
- “Florida Courts.” https://www.flcourts.org/. Accessed 18 Nov. 2019.
- “Understanding Domestic Violence | Florida Coalition Against ….” https://www.fcadv.org/about/understanding-domestic-violence. Accessed 18 Nov. 2019.
- “Due Process – Cornell Legal Information ….” https://www.law.cornell.edu/wex/due_process. Accessed 18 Nov. 2019.
- “Service of Process | Wex | US Law | LII / Legal Information ….” https://www.law.cornell.edu/wex/service_of_process. Accessed 18 Nov. 2019.
- “Instructions for Florida Supreme Court Approved Family Law ….” https://www.flcourts.org/content/download/403129/3457108/923.pdf. Accessed 18 Nov. 2019.