Fort Lauderdale Lawyer Dave L. Simmons Offers Skilled Representation for Clients Subpoenaed for or Seeking Protection Orders in Broward County
Often called “restraining orders,” protection orders are civil injunctions—or court orders—that deal with criminal statutes. The State of Florida provides orders of protection for victims of domestic violence, sexual violence, and other forms of abuse. These injunctions prohibit the respondent (the person served with the order) from directly or indirectly contacting the petitioner (the person who sought the protective order).
For petitioners, protection orders are legal barriers that prevent further contact, harm, or abuse from the respondent; they can also serve as significant strategic advantages in divorce and custody matters. However, restraining orders can have substantial and wide-ranging impacts for respondents, negatively affecting their reputation, livelihood, and future.
Whether you’re seeking—or defending against—a protection order in Broward County, you don’t have to do it alone. At the Law Offices of Dave L. Simmons, P.A., our Fort Lauderdale protection orders attorney provides skilled representation to help clients protect their rights and secure the best possible outcome.
Understanding Florida Orders of Protection
Protection orders can provide temporary or permanent relief for petitioners. While the initial order is a temporary injunction effective for no more than 15 days, the court will hold a full evidentiary hearing to determine whether to dismiss the order, continue it for a specific number of years, or finalize it indefinitely.
Our Fort Lauderdale law firm represents petitioners and respondents seeking or defending against protection orders for the following types of abuse.
Domestic Violence
Florida Statute 741.30 defines domestic violence as acts or threats of violence, including battery, aggravated battery, sexual battery, strangulation, assault, aggravated assault, stalking, aggravated stalking, and other criminal offenses resulting in the injury or death of a family or household member. Protection orders are available to family members who live—or previously lived—with the respondent, including spouses, ex-spouses, siblings, parents, grandparents, aunts, and uncles.
Dating Violence
People who have experienced dating violence can also petition the court for a protective injunction. Florida Statute 784.046 defines dating violence as violence between individuals who have—or have had—a continuing and significant relationship of a romantic or intimate nature and outlines the criteria the court uses to establish the existence of a qualifying relationship. The court will consider whether the dating relationship existed within the past six months, whether it involved sexual intimacy and the expectation of affection, and the type and frequency of interactions during the relationship.
Sexual Violence
Survivors of sexual violence can seek orders of protection in Broward County. However, obtaining relief requires petitioners to reference a specific incident of sexual violence or molestation. Under Florida Statute 784.046, petitioners must also have reported the abuse to law enforcement and cooperated with any criminal proceedings against the respondent. Protection orders are also available for victims of convicted abusers who have completed their sentences or are due for release within 90 days.
Repeat Violence
People who experience repeated violence can petition the court for a protection order, even if the acts don’t qualify for injunctive relief under the domestic violence, dating violence, or sexual violence statutes. Petitioners must show at least two incidents of violence or stalking—one of which must have occurred within the past six months.
Stalking and Cyber Stalking
Florida also offers restraining orders for people being stalked or cyberstalked. To obtain a protection order, petitioners must show two separate incidents of stalking, which Florida Statute 784.048 defines as "willful, malicious, and repeated following, harassing, or cyberstalking of another person."
At the Law Offices of Dave L. Simmons, P.A., we help victims of violence and abuse secure the injunctive relief they need to protect their family.
What Respondents Should Know About the Impacts of Protection Orders
Having an order of protection filed against you can have wide-ranging consequences that can turn your life upside down. These civil injunctions:
- Appear in criminal background checks conducted by employers, universities, landlords, and organizations
- Force you to leave your residence if you live with the petitioner
- Prohibit you from having firearms or other weapons while the order is in place
- Revoke concealed weapons permits
- Prevent you from seeing your minor children in some cases
- Result in criminal charges if you violate the order
Don’t risk it. Our Fort Lauderdale protection orders defense lawyer provides robust representation to protect your rights and future.
Why You Need an Adept Fort Lauderdale Restraining Orders Attorney
Florida protection orders involve complex statutes and court processes. Dave L. Simmons provides experienced and effective guidance for your legal journey. As a former Broward County prosecutor and public defender, Simmons uses insight from both sides of the docket to develop strategies to obtain the best possible outcome for clients.