Information on Restraining Orders
Restraining orders are issued by a judge and are intended to protect those who fear for their own safety. Essentially, a restraining order prohibits an individual from an action that is likely to cause harm; usually, a restraining order prevents any contact or communication between two or more people.
A restraining order is an injunction. A temporary restraining order can be granted immediately, without a hearing and without any notice to the opposing party. Temporary Restraining Orders are intended to last only until a hearing can take place. If a restraining order is violated, call 9-1-1 and report the situation. The violating party can be arrested immediately and taken into custody.
To obtain a restraining order, go to the Broward County Courthouse in downtown Ft. Lauderdale at 201 S.E. 6th Street, Room 248 from 8:30 a.m. until 5:00 p.m.. The process takes approximately three hours to complete and it's suggested you arrive early.
If you find yourself in a life-threatening domestic violence situation after 5:00 p.m. on weekdays or during the weekend and holidays, have no safe shelter, and wish to apply for an emergency domestic violence restraining order immediately, call (954) 463-0911 for assistance. This will connect you to Henderson Mental Health Center, Inc. - Crisis Services, where a clinician will gather information over the phone about your circumstances to see if you meet the requirements to apply for an emergency restraining order. If you qualify, you will be met at the courthouse by a domestic violence specialist who will assist you in completing the necessary paperwork. The specialist will then contact the duty judge who will decide whether or not to grant the emergency domestic violence restraining order. There is no charge or fee to obtain a restraining order.
A copy of your restraining order should always be in your possession. A copy should be on file with the police departments in whose jurisdictions you live and work, and filed with other counties where you regularly spend time.
Let your employer, neighbors, close friends and family know about the restraining order. Ask that they contact the police if they see the other party near you. If a restraining order is violated, call the police immediately and go to Room 248 to complete legal paperwork.
Protect your children by notifying school administration, teachers, childcare centers, babysitters, and neighbors of the restraining order and requesting that they contact police if they suspect the order is being violated.
No Contact Orders
What does a no contact order mean, exactly that, NO CONTACT. No direct or indirect contact. Sometimes a court may make a special exemption, but very rarely. Does it matter if the victim is the one that is doing the contacting, the answer is NO.
CONTACT = VIOLATION
This order can cause many hardships on all family members. Many people are barely making it together with both incomes combined without having to suddenly incur the new expense of a second living location. Stress is put on the marriage, stress on the children, bills are not getting paid, spouses never wanted this, there is no fear, what can be done?
If a "no contact" order has been made in your case, an attorney can go to court on your behalf and request to have the order modified. If the "motion to modify conditions of release" is granted, you will be allowed to once again have lawful contact with the alleged victim or defendant. Getting the order modified is essential in avoiding a subsequent arrest for violating the "no contact" provision. It may also be viewed as a first step toward reconciliation between the parties.
Do not make the mistake of thinking you can be together without anyone finding out. Car accidents happen, an officer could stop by, the state could send out a plain clothed investigator, a neighbor could call the cops on you. Do not take the chance, you could end up with a new charge and a new case facing up to 1 year in jail.
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Law Office of Jeffrey N. Ivashuk, P.A. - Florida Domestic Violence Attorney
727 N.E. 3rd Avenue, Suite 201
Fort Lauderdale, FL 33304
Phone 954-768-0988 | Toll Free 1-800-403-2056
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