{"id":5465,"date":"2022-02-17T03:00:01","date_gmt":"2022-02-17T11:00:01","guid":{"rendered":"https:\/\/www.arwanilawfirm.com\/?p=5465"},"modified":"2022-02-16T12:53:20","modified_gmt":"2022-02-16T20:53:20","slug":"exploring-floridas-domestic-violence-temporary-restraining-orders","status":"publish","type":"post","link":"https:\/\/www.arwanilawfirm.com\/exploring-floridas-domestic-violence-temporary-restraining-orders\/","title":{"rendered":"Exploring Florida\u2019s Domestic Violence Temporary Restraining Orders"},"content":{"rendered":"
Domestic violence can literally be life-threatening. Oftentimes, the victim of domestic violence will seek a temporary restraining order (TRO) in an attempt to get some form of immediate protection from her abuser. The following article will provide some helpful information about Florida TROs.<\/p>\n
What is a temporary restraining order?<\/strong><\/p>\n A temporary restraining order (TRO) is a court order which is designed to provide you and your family members with immediate protection from the abuser. Immediately after filing your petition for protection, the clerk will give your petition to the judge, who will determine if there is an immediate and present danger of domestic violence. According to Fla. Stat. \u00a7 741.30(1)(a), you will be unable to obtain a TRO if there is no proof of an immediate and present danger of domestic violence. If a judge approves your petition, the TRO will take effect as soon as the abuser is formally served with a copy of the order.<\/p>\n The TRO will be valid for a few days and will typically not extend past 15 days at a time (unless the judge grants a continuance of the hearing for good cause shown by either party.) Before the fixed time period ends, there will be a full hearing to decide whether the judge should issue a final injunction, which may provide you with more protections than the TRO did. The final injunction may have a set period of time that it will be in effect (for example, one year) or it may not have an expiration date. If there is no expiration date, either you or the abuser can file in court to modify or terminate the injunction at any time and the judge will decide whether or not to grant the request. If you are issued a TRO, it will be valid until the full hearing takes place. Furthermore, even if the judge does not issue you a TRO, the judge is still supposed to set a hearing date for a final injunction where you will have another opportunity to present your case.<\/p>\n Factors used to determine \u201cimmediate and present danger of domestic violence\u201d<\/strong><\/p>\n As mentioned above, in order to issue a TRO, a judge must first determine whether the petitioner is in an \u201cimmediate and present danger of domestic violence.\u201d According to Fla. Stat. \u00a7 741.30(6)(b), there are several facts that a judge may consider when determining if this type of danger exists, which includes:<\/p>\n Have You Been Subjected to Domestic Violence? Contact an Orlando Domestic Violence Attorney Today.<\/strong><\/p>\n If you have been subjected to domestic violence, you do not have to deal with it alone. Whether you need help obtaining a protective order or filing for divorce, Arwani Law Firm is here to help. Contact our Orlando domestic violence lawyers<\/a> today for a consultation.<\/p>\n Resource:<\/p>\n leg.state.fl.us\/statutes\/index.cfm?App_mode=Display_Statute&URL=0700-0799\/0741\/Sections\/0741.30.html<\/p>\n\t\t\t\n