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Restraining Orders

Fort Lauderdale Restraining Orders Attorneys

Law enforcement or a judge may issue a restraining order against someone accused of a crime that puts another in fear for his or her safety and wellbeing. Many domestic violencecases such as domestic abuse, spousal abuse, child abuse and elder abuse may require the immediate need for a restraining order. In addition, a restraining order may also be required for many sex crimes, hate crimes and assault or other violent crimes cases.

A restraining order is a type of order of protection that has special terms that must be followed by the person accused of the crime. It will specify that the defendant, or person being investigated, must stay a certain amount of distance away from the alleged victim. What this means is that a person may not show up at the alleged victims home, school, work or anywhere else the alleged victim may be at. The restraining order will also state that no contact should be made with the victim by any type of communication, including by the aid of a third person.

Criminal Defense Lawyers in Fort Lauderdale, Florida

Please contact Musca Law today if you or someone you love is experiencing restraining order issues or is in violation of a restraining order. We are well-educated regarding the criminal court system and understand your legal rights. Violating a restraining order can hinder your criminal court case and only a skilled defense attorney can negotiate and work to challenge the charges that you may face. Please contact Musca Law to schedule a free consultation of your case with an experienced Fort Lauderdale restraining orders lawyer today.

Types of Restraining Orders

  • Emergency Protective Order (EPO)

This is a restraining order that is most frequently issued by law enforcement for domestic violence and/or assault cases that need to be put into effect immediately without the prior approval of a judge (typically when court is out of session). It will stay in affect for about 72 hours so the alleged victim has enough time to file for a longer protection period.

  • Temporary Restraining Order (TRO)

This type of order is the most widely used in domestic violence or assault situations and is obtained through the courts with the approval of a judge. It may last for a few weeks but can then be made permanent for up to 3 years. When it expires a person may then request another restraining order if needed.

  • Criminal Protective Order (A “No contact” order)

This is an order issued through the District Attorney’s office for active domestic violence cases only.

  • Civil Harassment Restraining Order (CHO)

Anyone being stalked, receiving threats or being harassed by co-workers, a roommate or neighbors can obtain this type of restraining order. It is basically for anyone who is not closely related, or anyone who has ever dated.

Restraining order issues in Fort Lauderdale? Contact Musca Law today!