Emergency Orders
An emergency order of protection – also known as an emergency restraining order – provides immediate protection to the victims of domestic and sexual violence, as well as people who have been stalked and physically and verbally harassed. These are legal orders of the court that prevent the person who is accused of these actions from being within a specific distance of the victim, or from trying to contact that person in any way. Emergency orders are granted when there is no time to await a court order because the victim is in imminent danger.
Types of Emergency Orders
Under Florida law, a person can obtain an emergency order for different circumstances, including:
- Sexual Violence – granted when the victim suffered any type of sexual abuse, whether or not official charges were ever filed.
- Repeat Violence – granted when the victim and the person accused were involved in a platonic relationship (friends, neighbors), and there were a minimum of two prior incidences of violence between them. ‘Violence’, in this circumstance, can refer to a threat, a verbal attack or a physical attack.
- Domestic Violence – a domestic situation refers to a victim who lives in the same house or apartment with the accused, or who shares a child with the accused.
- Dating Violence – a situation in which the victim and the accused do not live in the same house or apartment, but were involved in a romantic relationship at least six months before the emergency order was requested.
- Stalking Violence – granted when the victim is being harassed or followed for a prolonged period of time with no purpose other than to cause emotional distress.
What Happens After You Obtain An Emergency Order of Protection?
In many instances, law enforcement officers obtain emergency orders of protection in domestic situations in which the victim is under imminent threat or danger from the accused, and local courts are closed because it is a weekend or a holiday. After the emergency order is filed, authorities contact a duty judge who reviews the request and grants the restraining order.
The emergency order is effective immediately and typically lasts fourteen days.
Once the emergency order is in effect, the accused is prohibited from making contact with or coming within a certain distance of the victim. If the accused lives with the victim, he or she must find a new place to live, and in many instances, police officers ensure that the accused moves out without incident. In most cases, the victim will file an official petition with the court on the next business day to extend the order of protection to at least a year.
When determining whether to grant a lengthy restraining order, a family court judge will take into account the history between the victim and the accused, whether the accused has a prior criminal history, and whether the accused has tried to harm the victim’s family, friends and acquaintances.
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
Hire A West Palm Beach Divorce Attorney To Help You
An emergency order of protection is just the first step in the process of obtaining peace of mind for a victim of domestic violence. But to ensure that you receive the full protection you deserve under the law, it’s important to hire family law firm such as the team at The Law Office of Eric C. Cheshire P.A. Call our West Palm Beach divorce attorney today at (561) 677-8090 to discuss your case.