Filing for a Temporary Restraining Order

- Gary E. Williams

In many divorces, it may become necessary for one of the parties to ask the courts to order the other party to stay away. These types of orders are called temporary restraining orders and they restrict one party from having contact with the other party.

They can also do other acts, such as requiring the restrained party to leave the house or pay child support. Additionally, temporary restraining orders can help a party gain temporary custody of a child.

Because of the restrictions that come with a temporary restraining order, courts will only grant a request for a restraining order under certain situations. The most common situation is when a party is worried that the other party will harm him or her.

To establish this type of restraining order, the party has to show that he or she has a valid reason to believe that he or she is in danger that is imminent and is in danger of becoming a domestic violence victim. Often, individuals who file requests for restraining orders on their own do not fully understand the legal terms “imminent danger” and “reasonable cause”.

The result is that their arguments, though often valid, do not meet the legal threshold for the court to grant the request and the request gets denied. This is an unfortunate consequence of attempting to request a restraining order without an attorney.

What Does It Mean to Be in Imminent Danger?

According to the courts in Florida, an “imminent danger” is one which cannot be guarded against by calling the police. In other words, the requesting party needs to show the judge that the danger is real and one where she or he would not have time to call the police. If they can establish this, then the request for a temporary restraining order is much stronger.

Understanding Terms Like Imminent Danger Can Make All the Difference

It is incredibly important to understand legal terms when filing these types of requests with the court. The risks of having a claim denied are simply too great to leave in the hands of an untrained person.

If you believe that you may need a temporary restraining order to protect yourself, the attorneys at The Law Firm for Family Law can assist you in handling your request professionally and correctly.

We know that divorces can be difficult. In addition to the pains of a family separating, it is simply too risky to put your personal safety at risk as well. We have helped thousands of people and our attorneys are familiar with the process of filing and arguing for temporary restraining orders.

If you think you need a restraining order, we invite you to call The Law Firm for Family Law today at (727) 531-8737.