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.
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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When an order expires, it is no longer in effect.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!
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