Florida residents and others who have been the victims of emotional, physical or other forms of abuse may be able to obtain temporary or permanent restraining orders against their abusers. In many cases, the judge who puts the order in place is the only one who can rescind it. This may be true even if the victim asks that the order be dismissed. It is important to note that an order does not go into effect until an individual has been notified of the court’s decision.
After a temporary restraining order is granted, a hearing will be held to determine if it should become a permanent order. At the hearing, both sides will be able to present evidence such as witness testimony, police reports or medical reports. An individual may benefit from hiring a lawyer to help prepare for the proceeding and to represent his or her interests in court.
In most cases, the initial hearing will take place no more than 30 days after the temporary order goes into effect. If a temporary order turns into a permanent order, an individual may still ask that it be dismissed. Typically, another hearing will be scheduled during which the parties in the case can present evidence to the judge. State law may play a role in determining when the second hearing can take place.
Those who have been charged with domestic violence or similar crimes may experience a significant interruption to their lives. In some cases, they may not be allowed to see their children or face other restrictions while an accusation is investigated. An attorney may be able to help a person obtain a favorable outcome in a domestic violence case. In some cases, this may mean that a temporary or permanent restraining order is dismissed.