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Named in an Order of Protection?

Miami Order of Protection Attorney

Are you named in an Order of Protection? Get legal help from our firm.

The Law Office of Michael Mirer, P.A. defends clients accused of domestic violence and helps clients who are the subject of protective orders. Chapter 741 of the Florida Domestic Relations Code allows protection for victims of family violence as permitted by law. If the victim of violence does not qualify for protection from a domestic violence situation, protection against repeat violence, sexual violence, and dating violence is found under Chapter 784 of the Criminal Codes.

An Order of Protection is an order issued by a Civil Court with the intent of preventing continuing acts of violence. Domestic violence crimes are serious and violations of protective orders or restraining orders can have significant consequences.

How does a plaintiff obtain an Order of Protection?

A plaintiff can file a petition for an Order of Protection as a victim of continuing violence. The petitioner must prove that the violence has occurred and that it will likely occur again, and if the judge is convinced, then a protective order will be granted. An Order of Protection is a civil court matter and is not criminally enforceable. The violation of an Order of Protection may not lead to an immediate arrest. The violator would appear in civil court and then found in contempt of court, fined and sentenced to spend time in jail. It is important to keep within the guidelines of a protective order and avoid making a mistake that could affect your future.

The purpose of a protective order is to prohibit further acts of violence. The offender may not harass or threaten the victim in any form. That means no threats directly or indirectly, or through another person. The order may prohibit the offender from the vicinity of a daycare center, school or other venue where the protected person is located. Some orders may also prohibit the offender from the disposal or transfer of property. One cannot establish possession or visitation of a child, but may be ordered to pay child or spousal support up to 1 year. In addition to the above and under certain circumstances, the order may include mandatory counseling or the order to vacate a specified property.

How can I get an Order of Protection lifted?

When an order expires, it is no longer in effect. It is important to make sure the order is complete before attempting to contact the plaintiff/petitioner so you can avoid any possible violations. An attorney can help with all aspects of a protective order and you should have legal representation at each step of the criminal process.

When the courts issue an Order of Protection, it is temporary. A hearing will take place and a judge will decide if the full order should be granted to the victim. If the plaintiff does not appear at the hearing, then there will be a dismissal of the protective order. The plaintiff may have a change of heart and decide that a protective order is no longer necessary. That would entail providing evidence to convince the court before lifting an order.

Lastly, the defendant has the right to challenge a protective order. Your attorney can assist you with preparation and presentation to the court. The defense would need to provide evidence such as written testimony, witness testimony, police or medical records for example. We are ready to help you with your Order of Protection defense matter.

You can challenge the Order of Protection against you. Call the Law Office of Michael Mirer, P.A. today to retain the advocacy of an experienced Miami defense attorney!

Protecting Clients Is Our #1 Priority

See How We've Helped Our Previous Clients Defend Their Charges
  • “Mr. Michael Mirier as brilliant, compassionate and empathetic attorney.”

    Margarita Rodriguez

  • “He got a great motion in front of a judge and got me my freedom to be allowed to stay in this country.”

    Eugenio Gonzales

  • “The DA and judge seem to trust Michael as they have probably worked with him on both sides of the isle.”

    Cyril Caesar

  • “I hired Mr. Mirer and the next day he was on the case.”

    L. Chava

  • “After over a year of rather complex negotiations by Mr. Mirer with various legal authorities, I returned home to the USA as a free man.”

    Scott Seegott

  • “I will need more than 5 stars to try to explain what an exceptional attorney Mr. Mirer is.”

    Former Client

  • “I felt comfortable and confident by his ability and his upfront attitude.”

    Kelly L. Kurtz

  • “They wanted to give me 35 years to life for something I did not do, but thanks be to God he sent me an angel and it was Mr. Michael Mirer.”

    Delroy Cooke

  • “They assured me they could get my case resolved and squashed... in less than a week it was done.”

    Tom & Shelli

  • “I sit here today free because of Michael Mirer.”

    Maurice Negron

  • “Really took his time and all his efforts to get me free out of jail.”

    Recent Client

  • “Michael Mirer listens, respects and comforts you by his knowledge of the law. All the charges were dropped against my son.”

    Sue Blair

  • “Michael provided a very professional service and was able to deliver results fast.”

    International Client

  • “You're very sincere, professional, empathetic, and compassionate.”

    Wilfredo C. and Blanca C.

  • “Michael was honest and straight forward with me. Michael kept me out of jail and I avoided a conviction.”

    Former Client

Awards

You Need An Experienced Defender On Your Side

See What Sets Attorney Michael Mirer Apart
  • Available to Help Clients 24/7

  • Handled Over 100 Courtroom Trials

  • Extensive Courtroom and Trial Experience

  • Former Miami-Dade Assistant State Attorney

  • Highly Rated and Recommended by Former Clients

  • Successfully Defended Misdemeanors, Felonies, and Federal Cases