How Can My Domestic Violence Case Qualify for a Restraining Order?

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. If you want to know more about how to get a restraining order for domestic violence, please watch this video.
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Watch the Video in English:
How can My Domestic Violence Case Qualify for a Restraining Order? • How Can My Domestic Vi...
Mira el video en español:
¿Cómo puede mi caso de violencia doméstica calificar para una orden de restricción?
• ¿Cómo puede mi caso de...
**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.
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Timestamps:
00:00 Introduction
00:07 How Can My Domestic Violence Case Qualify for a Restraining Order?
0:18 Call the Police if You are a Victim of Domestic Violence
00:54 What Can You Do if the Police Does Not Assist You?
01:16 What is a Domestic Violence or DV Case?
01:58 3 Main Factors that Determine if a Domestic Violence Case Justifies a Restraining Order
02:06 Factor 1 - Severity of the Domestic Violence Act
02:24 Factor 2 - The Timing of the Domestic Violence Incidence
02:47 Factor 3 - The Frequency of the Domestic Violence
03:05 What Should You Do If you are Under the Threat of Domestic Violence?
03:25 The Reasonable Person Standard
03:55 When the Threat is Actually a Threat
04:09 Outro
Transcript:
Today's question is: Sergio, I need to obtain a restraining order against my spouse, to protect me, or my children, from physical abuse. How can I obtain this protection under Florida law?
Well, first of all, if you believe that some type of domestic violence took place, or is about to take place, please seek help as soon as you can.
Call the police immediately. And seek medical attention if you need it.
There are also many public services and agencies that are available to help families through such a crisis.
Please consider reaching out for their help.
If you contact them right away, the police may take steps with assisting you by arresting the person who committed the domestic violence, and otherwise pursue criminal charges against that person including obtaining a no-contact order that prohibits that person from contacting you.
But today's question deals with those cases where the domestic violence occurred, or there's a reasonable threat of domestic violence but the police is not assisting you for whatever reason. You can take steps to obtain a restraining order on your own, without the need for police intervention.
First, let's see if your case qualifies for a domestic violence case. Or what we call DV case.
Domestic violence is basically any type of unwanted physical attack or stalking.
This includes sexual assault, stalking, kidnapping, false imprisonment, or any other type of criminal act that results in physical injury.
The definition has been expanded to include any reasonable threat of domestic violence.
The domestic violence has to have been committed by one family member or household member, against another family or household member.

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Domestic violence is a very serious matter. If you need legal help with your domestic violence case, please give us a call through [phone].