CourtroomThis is the next post in my series on the handling of Temporary Protective Orders in Melbourne, Florida. My last article provided an overview of topics I will be discussing and stressed the need to speak with an attorney if you need to obtain or object to such an Order. It is important that you take such situations seriously and recognize that such a TPO will impact many aspects of your life. In this article I will be discussing the process of obtaining a TPO. Contact my office today to speak with a lawyer.

The process of obtaining a TPO begins by filing an application with the Court. The requesting party must allege that they have been the victims of domestic violence, that they have been harassed, or that they are being stalked. The more one includes evidence of such conduct then the more likely the Court is to view the allegations as credible. Such evidence will be attached to the application and may include police reports, photographs, phone records, witness statements, etc. The Court will review the application and quickly make a decision as to whether a Protective Order should be issued. If the Court does issue an Order then it will generally only be in effect for a very short amount of time and a hearing will be held very soon thereafter.

The Court will quickly hold a hearing to see if an issued Order should be extended for a longer period of time or whether it should be dissolved. At the hearing the Court will listen to arguments from both sides. If the Court finds that there is no credible threat of danger then the Order will be dissolved. If it is found that the application was based on false allegations then it may be dissolved nunc pro tunc (meaning that the law will consider the Order to have never existed). If there is a legitimate threat of danger then the Order will likely be extended. It is important to understand that this hearing is not a full-blown trial. It will typically only involve oral arguments from each side.

If the Court extends the Protective Order then the offending party will face jail time for any potential violations. If you have a Protective Order against someone and they violate then you should contact law enforcement immediately. After your safety is ensured then contact your lawyer immediately. Counsel will file a request to hold the offending parent in contempt and the Court will take such matters very seriously.

As a Melbourne family law attorney I regularly handle cases involving Protective Orders. Call today. We also services clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.

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