Sunday, July 27, 2014

If I file for a restraining order/order of protection in Florida, if the respondant lives with another family member, does the order of prot...

Question

If I file for a restraining order/order of protection in Florida, if the respondant lives with another family member, does the order of protection prevent me from going over there to visit the other family member?



Answer

Technically if a Final Judgment of Injunction for Protection Against Domestic Violence was issued against your abuser, the restriction is on them, but if you go where the abuser is voluntarily and there is a new incident of violence either physical or verbal, it will be very difficult for a Judge to hold the abuser in contempt because you purposely put yourself in a place to have contact with the abuser. This might also be something the abuser uses to get the Injunction dismissed. However there is no such thing as a reciprocal Injunction and you as the Petitioner cannot violate the Injunction just by going to a family members home where the abuser also lives



Answer

The restraining order if granted prevents the other party from going near you. It does not prevent you from going where you want. Contact My Office for free consultation 727-446-7659.



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