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Factors reviewed for protective orders

Quesda Law > Domestic Violence > Factors reviewed for protective orders

If you have been accused of domestic violence by your spouse or significant other in Florida and you believe that person might be seeking legal action against you, it will be important for you to learn about the process involved in their attempts to get a restraining order or otherwise keep you away from them or your children.

As explained by the Florida Statutes, the courts may issue what they call a protective order after reviewing an application made by an alleged victim of domestic violence or abuse. There are multiple factors that will be taken into consideration before such an application is approved and an official order is enacted. One of these factors is whether or not you have damaged any of your partner’s personal property. This might even include damage that happens after an item is thrown in anger. Injury or death to a pet may be a consideration here.

Any history of abuse between the two of you as well as any prior orders against you, even outside of where you live now, will also be reviewed. A court will want to understand if you have ever threatened to use or actually used any weapon in anger toward your partner or anyone close to them even if that person is not related to them.

If you would like to learn more about how the courts review requests for protective orders, please feel free to visit the restraining and protective order assistance page of our Florida criminal and domestic violence defense page.

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