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Our experienced Florida domestic violence attorney can help you avoid conviction, reunite with a loved one.
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It is important to have knowledge of the term of retraining order. A restraining order can also be referred to as a protective order in some states and generally refers to a legal order issued by a court protecting a victim of domestic violence or domestic abuse from the activities of an abusive person. A retraining order may include that the abuser is not allowed to have any form of contact or disturb by any means the peace of the protected person. Following the order, the aggressor in some cases may need to move out of the family residence shared with the protected person and stay at least 100 yards away from the protected person at all times.
What is the difference a temporary order and an order after hearing? Although there may be other differences, one difference is that a temporary restraining order many times follows an Ex Parte appearance. In other words, the temporary restraining order was issued by one party, the victim of domestic violence, while the other party, the aggressor, was absent. The temporary restraining order may have been given to immediately restrain the conduct of the abuser from his/her activities over the victim. The temporary restraining order may include some or all of the elements cited before. The abuser may be served with an Order to Show Cause or OSC along with the temporary restraining order. The Order to Show Cause or OSC would inform the abuser that a hearing will be held to determine if a permanent restraining order should or should not be issued.
In some instances, if you request a temporary restraining order you may be able to get it the same day. The restraining order can remain in effect until the scheduled hearing on the Order to Show Cause. Depending on your area, the Order to Show Cause hearing may be scheduled to take place approximately 2-3 weeks after the issuance of the restraining order.
Eventually, a more permanent restraining order can be issued according the evidence presented during the hearing. In order to get a more permanent restraining order, the victim does not necessarily need to show that the abuser exerted deadly force and domestic violence as domestic violence takes on many shapes. Whether the abuse was physical or emotional it can carry the same importance before a court. A retraining order after hearing can order the offender from engaging in certain acts and from being in certain places at the same time with the protected person. However, one of the main differences between a temporary restraining order and a permanent restraining order is that a permanent restraining order can be effective for a long period of time and even for several years in certain cases. In some instances, a protected person may be able to renew the order for an additional period of time or apply to make it permanent.
If you are seeking a temporary restraining order or permanent restraining order you would be wise to consult an attorney in your area to help you learn where you stand legally and what the laws are in your particular area in regards to temporary restraining orders, permanent restraining orders, Ex Parte hearings, and domestic violence.
© 2006 Child Custody Coach
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Many divorce lawyers and divorce lawyers are often confronted with this question because of the difficulties associated with domestic violence related cases. In fact, domestic violence can take many forms including actual physical abuse or threats of physical abuse, emotional abuse, threatening telephone calls at work covers disturbances person and stalking. Domestic violence in many forms of abuse such as physical or emotional dominanceand the control of a close caregiver, spouse / husband or other relative.
Therefore, the question of whether domestic violence is a criminal offense is often the nature of domestic violence and the particular circumstances that depend on where the act or acts of violence in the family. The actual physical abuse is not repeated punishment in general as interference.
There are alsono common national legislation on the issue of domestic violence in the United States. Each state has its own laws to handle cases of domestic violence. Consequently, the same domestic violence cases are different can be judged from one state to another. However, most states are prone to domestic violence both as a crime and a civil campaign check. Therefore, the perpetrators of domestic violence can not also a criminalPenalty as a sentence of imprisonment and a civil penalty as monetary damages.
Many states also tend to domestic violence a crime against the public. As a result, a case of domestic violence may be prosecuted by the city or district attorney, even if the fee was not set by the abused person and even without his help. Too often, and in most known cases of domestic violence who have been abusedPerson ran away from the family residence, contact with the police, prosecution, and then tries to set the proceeding because he / she managed to be brought into line with the perpetrator. In order not to repeat such patterns, many municipalities and states enforced a stricter law in regard to issues of domestic violence.
Whether it was down to the first complaint or not, or duties or not, cases of domestic violence can be brought toJustice. Many municipalities and states are trying to inform and warn that domestic violence is not tolerated by the local authorities. If you want to know more about your local law and what acts of domestic violence is considered a crime, you can get some useful information to your local bar association or by consulting an attorney in your jurisdiction.
© 2006 Child Custody Coach
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