Restraining Order / Protective Order
Protective orders, or restraining orders, as they are more commonly known, are meant to protect victims of domestic violence in Florida from further abuse. Because of this, the target of a restraining order in the Hernando County area can find themselves facing a court who is inclined to err on the side of the alleged domestic violence victim, even if the protective order is unjust or unfounded.
Having an active restraining order or protective order against you in Brooksville, Spring Hill, or the surrounding areas can severely impact your life and the lives of those you love. A skilled and knowledgeable domestic violence defense attorney serving Spring Hill and the surrounding areas can help you fight the restraining order in your Florida protective order hearing.
Brooksville Restraining Order Defense Attorney
A petitioner, or person who is seeking the court’s protection, can file a protective order any time her or she feels threatened by the possibility of you committing an act of domestic violence against him or her. Letting this order stand without exercising your rights can seriously impact your life. If you are the object of a protective order or restraining order in Spring Hill, Brooksville, Timber Pines, Homosassa Springs, Floral City, Bushnell, or anywhere else in Hernando County, Citrus County, or Sumter County, contact The Law Office of Ashley Aulls, P.A. immediately to begin your defense strategy.
As a skilled and knowledgeable Brooksville criminal defense attorney who also has experience as a family lawyer, Ashley Aulls knows how volatile family situations can be and how certain legal tools can be used as weapons. With years of experience serving clients like you, Ashley Aulls will fight to ensure your rights are protected and for a favorable outcome in your protective order hearing in the Hernando County area.
For more information on how The Law Office of Ashley Aulls, P.A. can help your restraining order case in Brooksville or the surrounding areas, call (352) 593-4115 today and schedule your initial case consultation.
Hernando County Protective Order Hearings
The protective order or restraining order process in Florida begins when the petitioner files a sworn petition for an injunction of protection against domestic violence. The person filing the injunction can be a spouse, a boyfriend/girlfriend, or any family or household member, regardless of if they have or have not left the household. The injunction can be filed whether or not there are any other cases pending against the two parties, such as a divorce or child custody case. The only requirement is that the petitioner is either a victim of domestic violence or has reason to believe he or she is in danger of such violence in the future.
Where the protective order is filed must be in the county in which the threat of violence or actual domestic violence took place. For instance, if the petitioner felt threatened or was allegedly the victim of domestic violence in Brooksville, he or she would need to file an injunction in Hernando County. The county clerk is then responsible for helping file the injunction of protection against domestic violence as well as enforcing any violation. Based on the allegations of the petitioner, the court may assign a temporary protective order for up to 15 days.
When a temporary protective order is given, your protective order hearing for the final restraining order must take place no later than 15 days after the temporary order is issued. With or without a temporary restraining order, the protective order hearing is your opportunity to fight the permanent order being issued against you. This hearing is much like a trial, with evidence, witnesses, and cross-examination. If the injunction is made a permanent protective order, it will remain active until it is legally modified or destroyed.
Having a restraining order successfully brought against you has serious consequences. You have a right to an attorney in your protective order hearing. It is strongly recommended you work with an experienced domestic violence attorney in Brooksville with family law knowledge to fight the permanent protective order. When considering a lawyer as part of your restraining order defense in Hernando County, it is best to contact him as soon as possible after the injunction is filed.
Consequences of a Restraining Order in Brooksville
There are both potential direct and indirect consequences of having an active restraining order against you. This protective order can affect potential employment opportunities and applications for citizenship, as well as mar your character as an upstanding citizen and cause a social stigma. Some of the day-to-day interferences that a restraining order can have on your life include:
- Forcing you from the home you share with the petitioner
- Prevent you from interacting with any named parties in the order, which may include your children
- Forfeiting your custody of you and the petitioner’s children
- Mandate child and/or spousal support
- Mandate court-supervised treatment, classes, and/or counseling
- Forbidding you from coming within a certain distance of important buildings in the petitioner’s and/or your children’s lives, such as his or her workplace or their school
Violating your protective order is a criminal offense, even if the violation is accidental. If you violate your restraining order in the Hernando County area, it is a first-degree misdemeanor for which a conviction means jail time, probation, and/or fines. An experienced Brooksville domestic violence defense attorney with family law skills and knowledge can help you with all aspects involved in a protective order in Hernando County or the surrounding areas, including representing you at your hearing and fighting any alleged violations.
The Law Office of Ashley Aulls, P.A. | Protective Order Defense Lawyer in Hernando County
If you have been served a protection order anywhere in Hernando, Citrus, or Sumter County, including Brooksville, Spring Hill, North Weeki Wachee, High Point, Hernando Beach, Hill ‘n Dale, Inverness Highlands, Sugarmill Woods, Lecanto, Wildwood, Lake Panasoffkee, Bushnell, and the surrounding areas, contact The Law Office of Ashley Aulls, P.A.. Ashley Aulls has practiced law since 1996 and is skilled in both family law and criminal defense. He knows how unjust protective orders come about, and how to defend you against them. Call The Law Office of Ashley Aulls, P.A. at (352) 593-4115 today to schedule a consultation.