Lawyer Explains Getting A Restraining Order In Pasco County After Leaving An Abusive Husband In Another State
In Florida, a person who is the victim of domestic violence or is in immediate danger of becoming a victim of domestic violence can get a restraining order (also called an injunction for protection against domestic violence).
The judge will consider the history between you and the abuser, what type of actions the abuser has taken against you, any threats that have been made, the criminal history of the abuser, and any other actions of the abuser.
When you file for a restraining order in Florida, the court will consider two types of restraining orders: temporary, and permanent. The temporary order gives you immediate protection from the abuser.
As soon as you file the petition, the clerk gives the petition to the judge, and the judge will grant the temporary order as long as your paperwork is correctly filled out. The victim does not have to testify, and the abuser is not present.
The temporary injunction only lasts for a certain number of days, but no longer than 15 days.
Normally, before the temporary order expires, there will be a hearing about a final order. The final order will provide the victim with more protections, and will last longer than the temporary order. The final order may or may not have an expiration date - if it does not, either you or the abuser can ask to dissolve the restraining order.
If you have moved to Florida to get away from your abusive husband, you should immediately file a petition with the court asking for a restraining order. After that is granted, you may want to consider divorce proceedings.