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What is a Protective Order?

Posted by Michael G. Butash | May 04, 2020 | 0 Comments

There are some individuals who find themselves fearful of someone else and wish that they could have a legal way of protecting themselves from them. Oftentimes a person would seek protection from someone else because they have been violent or threatening, and this is the main goal of a protective order. Florida residents need to understand that a protective order is a legal injunction that is issued by the court intending to protect someone from future violence. The way that a protective order does this by ordering the potentially dangerous person to not do certain things such as staying away from another individual and having no contact with them.

Protective Orders for Domestic Violence

One of the more common ways that a person may feel the need to file for a protective order involves domestic violence. If a family member or member of the household commits an act of violence against another member of the household, they may be eligible for a protective order. Florida residents should be made aware that someone who has been involved in an assault or battery, let it be aggravated or sexual in nature, has the right to legally protect themselves to make them and other members of their family as safe as possible. Any criminal offense that results in a physical injury or death is also a reason for someone to file a protective order against someone else.

Are Protective Orders the Same This as Restraining Orders?

Many people may be more familiar with the term restraining order, which has a lot of similarities and overlaps with a protective order. Florida residents should understand while both protective orders and restraining orders have a lot of overlap, they are not the same thing. Retaining orders are more for civil discourses, while protective orders often imply something to do with criminal actions. While both of these options are designed to protect an individual from someone else, protective orders come in many forms and have more purpose than that of a restraining order.

*Disclaimer: The views expressed here are those of the authors and do not necessarily represent or reflect the views of Butash Law Group*

About the Author

Michael G. Butash

Michael G. Butash Stetson University College of Law Florida State University Former State Prosecutor Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit (Pinellas/...

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