How can I get a Restraining Order for Domestic Violence Against My Spouse?

If you are a victim of or if you are under immediate threat of domestic violence, please contact the police immediately and seek medical help as needed. For a longer term solution, you should try to obtain a restraining order to prevent the abusive party from coming into contact with you.
Attorney Sergio Cabanas dicusses how you can get that restraining order for domestic violence in the State of Florida.
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Watch the Video in English:
How can I get a Restraining Order for Domestic Violence Against My Spouse?
• How can I get a Restra...
Mira el video en español:
¿Cómo puedo conseguir una orden de restricción contra mi cónyuge en caso de violencia doméstica?
• ¿Cómo puedo conseguir ...
**Please note that the information in this video is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.**
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Sergio Cabanas, Esq. has been practicing law since 1991, after graduating from Washington College of Law in Washington D.C. Attorney Cabanas is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court. He founded the Divorce and Mediation Law Firm in 2006.
The Divorce and Mediation Law Firm focuses on Divorce, Mediation, Child Custody, Child Support, Alimony, Prenuptial Agreements, Post-nuptial Agreements, Domestic Violence, and Post-Divorce Related issues.
The firm has three locations: Pembroke Pines, Weston, and Sunny Isles Beach in South Florida. If you would want to consult, you can reach the firm at [phone]. We are open from 9AM to 5PM, Mondays to Fridays.
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00:00 Introduction
00:07 How can I get a Restraining Order for Domestic Violence Against My Spouse?
0:17 Seek help if you are a victim of Domestic Violence.
0:52 How can you get a Restraining Order?
01:24 What is Domestic Violence?
02:04 3 Possible Decisions a Judge Can Make When Presented with a Request for a Restraining Order
02:14 Decision 1: Is it a Valid Domestic Violence Case?
02:33 Decision 2: Did Domestic Violence Occur?
03:20 Decision 3: Is Domestic Violence Possible but not Serious Enough to Warrant a Restraining Order?
03:52 Outro
Transcript:
Hello and welcome to our show 60 Seconds with Sergio. I am your host, Sergio Cabanas, Attorney-at-Law here in Florida. Thank you for joining me today.
Today's question is: Sergio, I need to obtain some kind of restraining order against my spouse to protect me, or my children, from physical abuse.
But how does this process work under Florida law?
First, if you believe some type of domestic violence has already taken place, or about to take place, against you or your children, please, seek help as soon as you can.
Call the police immediately, and seek medical attention, if it's necessary.
There are also many government agencies and public services that help families through these types of crisis.
You should consider contacting these agencies for help as soon as possible.
The police may take steps with assisting you by arresting the person who committed the domestic violence, and pursue criminal charges against that person including obtaining a no contact order, that prohibits that person from contacting you.
But today's question deals more with the process of obtaining a restraining order in cases where domestic violence occurred or if there is a reasonable threat of domestic violence occurring at some point in the future but the police are not assisting you for whatever reason.
Under Florida law you can actually take steps on your own to obtain a restraining order without the need for police intervention.
This process starts with you visiting the office for the county court clerk where this incident took place.
They'll talk to you about your case and see if it qualifies as a potential case for a judge to review.
Domestic violence is basically any type of unwanted physical attack or stalking.

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