Domestic Violence Attorney West Palm Beach
West Palm Beach Restraining Order & Domestic Violence Lawyer
Restraining orders are legal court orders that protect victims of domestic violence, victims of stalking, victims of harassment and victims of sexual abuse. They prohibit the perpetrator of these acts from being within a certain distance of the victim, or from making any type of future contact. Once a family court judge issues a restraining order, it can last from two weeks to several years, and victims have the option of renewing it if the situation doesn’t improve.
Types of Restraining Orders
In some states, a restraining order is known as a protection order or an order of protection. In Florida, restraining orders are known as an injunction for protection against domestic violence. Some of the most common types of restraining orders include:
- Emergency Restraining Order – Police issue this type of order when a victim is in immediate danger from an abuser, or a victim cannot petition for the order because court is not in session (such as on a weekend). Emergency orders are often issued after a domestic violence incident has occurred to provide immediate protection for a victim who is in imminent danger.
- Temporary Restraining Order – This is issued by a Judge, for the victim for a short period of time until both parties can attend a hearing about the situation.
- Domestic Violence Restraining Order – A court issues this type of order after a judge has heard the facts of the case and rendered a final judgment in favor of the accuser. It is a long-term order that a victim can renew if the abuser still presents a viable threat.
How a Judge Determines Whether To Issue A Restraining Order
Florida law requires that a judge must take specific factors into account before making a decision about issuing a restraining order, such as:
- Has the accused physically harmed the accuser?
- Is there a history between the accuser and the accused, such as harassment, threats or intimidation?
- Has the accused tried to harm the accuser, the accuser’s family and friends, or the accuser’s co-workers?
- Has the accused tried to kidnap or harm the accuser’s children (if applicable)?
- Has the accused physically restrained the accuser from leaving a residence, or from contacting police?
- Does the accused have a criminal past that involves violence, threats, or sexual assault?
- Has the accused injured or killed an accuser’s pet?
- Has the accused damaged the accuser’s personal property?
- Has the accused exhibited behavior that causes the accuser to feel in danger of physical violence in the future?
What Our Clients Have to Say
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"You can too trust him!"I am using Eric for the second time, he saved this child the first time when she needed it the most. I know God’s will placed him in my life and when an incident came up again I didn’t hesitate to call Eric Cheshire. He is a Godly Man that gets at the truth to help in the best way he can with the will of God. I trust him with the most precious gift God gave me, you can too trust him.- Former Client
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"A true gentleman and professional!"As a woman of God, I would never have dreamt I needed Eric and his firm’s services. Fortunately, it was one of my better decisions. For his professionalism and kind heart made me feel that I was not in this alone. He was walking with me during the entire ordeal and I am very blessed to have a Christian man such as himself to guide me and explain everything to me. A true gentleman and professional! Thanks Eric!- Former Client
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"He genuinely cares!"Mr. Cheshire is one of the good guys. He genuinely cares about his clients and what is important to them.- Former Client
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"I am so thankful to have found someone who was so knowledgeable and considerate."As you might imagine this was a difficult time in my life. I am so thankful to have found someone who was so knowledgeable and considerate to help me through my divorce.- Former Client
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"Will hire him again if I ever need an attorney for my legal needs"I’ve used Eric Cheshire, PA over the years for my divorce and he handled it in an understanding but prompt manner. I’ve recommended him to other family and friends and they’ve been elated with his representation also. Will hire him again if I ever need an attorney for my legal needs.- Former Client
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"Great Service!"Great Service! He was kind, understanding and easy to work with.- Former Client
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"Eric fought for our family to be together."Very nice and helpful. Give my husband his legal rights as a father to be able to see his son. Eric fought for our family to be together and he always checked in with us to see how things were going. I couldn’t have asked for a better lawyer and family man. He loves his family and he loves his clients too.- Former Client
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"Very grateful!"Atty Cheshire reviewed the case carefully with my daughter and communicated with other lawyers in Missouri where she lives. We spoke with him to give other pertinent info and he kept us posted. He spent we suppose several hours on her case which helped prevent some financial pitfalls on her part. My daughter and us parents are very grateful for his foresight and timely advice. We highly recommend Atty Cheshire. (Reviewed from a potential client who consulted with Attorney Cheshire).- Former Client
Provisions of a Restraining Order
Once a restraining order is granted, it can include several provisions, including:
- Prohibiting the accused to stay a specific distance away from the victim’s home, workplace and vehicle
- Ordering the accused to leave a home shared with the victim
- Requiring the accused to seek counseling
- Ordering the accused to surrender firearms
Restraining orders can protect the victim, the victim’s children, the victim’s other family members and the victim’s existing domestic partners.
Ensuring Your Safety and Protection
If you are in a situation that requires a restraining order, our West Palm Beach domestic violence attorney can help you through the process and ensure that you are protected to the fullest extent of the law. Please contact The Law Office of Eric C. Cheshire, P.A., at (561) 677-8090 for a legal consultation with Attorney Cheshire.