Separation or divorce can be an emotionally charged time, sometimes requiring a period of no contact to ensure safety. If you feel unsafe, you or a family member can request a restraining order through the court. A skilled Coral Gables restraining order lawyer can help protect your rights throughout the process.
At Shirazi & D’Escoubet Law Group, we understand the complexities of family law, domestic violence and the emotional toll it takes. Our team is committed to guiding you through the legal process with care and ensuring your safety every step of the way.
A restraining order is a legal document that prohibits the respondent from contacting the petitioner, including calling, texting, emailing, or sending social media messages.
A restraining order also prevents the respondent from visiting the petitioner’s home or workplace, and does not typically allow the respondent to send messages to the petitioner through a third party. If you are involved in a restraining order case, seeking advice from an experienced lawyer in Coral Gables can help you understand your legal rights.
After a petitioner files a request for a restraining order, the court will likely grant a temporary order until a hearing can be held with the judge. The initial paperwork will detail the terms and inform the respondent of the upcoming hearing date.
Both the petitioner and respondent must attend the hearing on the permanent restraining order. If either party does not attend the hearing, the court may make a decision without hearing from the absentee party.
At the hearing, the respondent has two options. They can agree to put the permanent protection order in place, in which case the court would sign a permanent order. If the respondent does not believe that the permanent restraining order is necessary, they can contest it. If the respondent contests the petition, both parties present evidence, call witnesses, show documents, and make arguments on the restraining order at the hearing. At the end of the hearing, the court will decide to grant or deny the restraining order.
If a judge issues a restraining order, only the judge can dismiss it. The petitioner cannot dismiss the restraining order without the court’s approval. Because of how complex a restraining order can be, it is important to speak with an attorney experienced in restraining order cases in Coral Gables to understand the process.
If you need a restraining order, an experienced Coral Gables restraining order lawyer could help you complete the paperwork and ensure your voice is heard in court.
The dedicated lawyers at Shirazi & D’Escoubet Law Group will advocate for you and work to protect your legal rights. If you are navigating the restraining order process, contact us today, and we will answer your questions.
(786) 518-3668 