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tina.lewert@lewertlaw.com

301 Yamato Rd #4110, Boca Raton, FL 33431, United States

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Boca Raton Divorce Lawyer and Family Attorney

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Board Certified Boca Raton Restraining Order Lawyer

Asking the court for a restraining order can feel daunting, especially when your safety is at stake. Tina L. Lewert, a Boca Raton restraining order lawyer who is Board Certified by The Florida Bar, helps you understand how the process works in Florida.

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What Is a Restraining Order in Florida?

If you are in immediate danger, call 911. You can also reach the National Domestic Violence Hotline at 800-799-SAFE (800-799-7233), any time, for confidential help. Lewert Law assists clients in Boca Raton, Palm Beach County, and Broward County with petitions for protection as well as with responding to one, handling these matters with care, discretion, and attention to your safety and your rights.

In Florida, what people commonly call a restraining order is formally an injunction for protection. It is a court order that directs one person to stay away from and stop certain conduct toward another. It is used to protect against domestic violence, dating violence, sexual violence, repeat violence, and stalking, including cyberstalking.

Florida defines domestic violence as certain acts committed against a family or household member, which can include a spouse or former spouse, the co-parent of your child, people related by blood or marriage, and people who live together now or have in the past as a family. Those acts can include assault and aggravated assault, battery and aggravated battery, sexual assault and sexual battery, stalking and aggravated stalking, and kidnapping. Domestic violence is handled in the family courts, and it can also become a criminal matter with serious consequences.

Boca Raton Restraining Order Lawyer
Boca Raton Restraining Order Lawyer

Tina Lewert

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The Types of Injunctions and Who Qualifies

Florida offers several types of injunction for protection, each with its own requirements. Understanding which one fits your circumstances is an important first step, and a domestic violence restraining order Boca Raton residents may seek is only one of the options the law provides:

  • • Domestic violence. Generally available where the parties live or have lived together as a family or have a child together.
  • • Dating violence. Available where the parties had a continuing romantic or intimate relationship within the past six months.
  • • Sexual violence. Available to a victim of a sexual offense, and it does not require that criminal charges have been filed.
  • • Repeat violence. Requires at least two incidents of violence or stalking, one of which occurred within the past six months.
  • • Stalking. Available in cases of stalking or cyberstalking.

If you do not qualify for one type, another may apply. A restraining order lawyer Boca Raton residents can call on will help you identify the right petition for your situation.

How the Process Works

A petition for an injunction for protection is filed with the court, and these petitions are given priority. The petition includes a sworn account of what happened, sometimes called the statement of the incident, and what it contains matters a great deal, because the court relies on it in deciding whether the legal requirements for an injunction are met.

If the judge finds those requirements are met, the court can issue a temporary injunction quickly, sometimes the same day. A temporary injunction is effective for a fixed period of not more than 15 days, and it takes effect against the other person once they are served, typically by a sheriff’s deputy. A full hearing is then scheduled, generally before the temporary order expires. At that hearing, the judge considers the facts and evidence from both sides and decides whether to enter a final injunction, which may last for a set period or be entered with no expiration date.

One practical point: evidence such as texts, emails, and voicemails is often central to these cases, but it must be presented in a way that satisfies the Florida rules of evidence to be considered. This is one reason many people choose to work with a restraining order attorney Boca Raton Florida offers rather than navigate the hearing alone.

If You Have Been Served With an Injunction

A restraining order has real and lasting effects, including on where you can go and your time with your children. If you have been served with a petition or a temporary injunction, you have the right to appear at the hearing and present your side. Lewert Law represents people responding to injunction petitions, including those who believe the allegations are inaccurate, and works to see that the court has a complete and accurate picture.

Why Work With a Board Certified Boca Raton Restraining Order Lawyer

These cases ask for an attorney who is careful with clients and clear in court. Working with a board-certified specialist means your matter is handled by someone whose focus and experience in marital and family law have been formally recognized by The Florida Bar. Because Lewert Law keeps a deliberately limited caseload, the attorney you meet is the attorney who handles your matter.

That certified focus has been recognized by The Florida Bar and the wider legal profession:

  • Board Certified Specialist, Marital and Family Law, by The Florida Bar, 2009 to present
  • Nationally Board Certified in Family Trial Law by the National Board of Trial Advocacy
  • U.S. News "Best Lawyers" 2023 to 2026, Family Law and Family Law Mediation
  • Super Lawyers Magazine's "Top Attorneys in Florida" 2013 to 2025

Serving Boca Raton and South Florida

Lewert Law is based in Boca Raton and assists clients throughout Palm Beach County and Broward County, including Delray Beach, Boynton Beach, Lake Worth, Highland Beach, West Palm Beach, Palm Beach Gardens, Deerfield Beach, Pompano Beach, Coral Springs, and Parkland. As a Boca Raton family law attorney, Tina L. Lewert handles these matters locally, and petitions in this area are filed through the Palm Beach County or Broward County Clerk of the Circuit Court.

Frequently Asked Questions

What is the difference between a restraining order and an injunction for protection?

In Florida they are the same thing. The legal term is an injunction for protection, and many people refer to it informally as a restraining order or protective order. It is a court order directing one person to stop certain conduct toward and stay away from another.

What types of restraining orders does Florida have?

Florida provides injunctions for protection against domestic violence, dating violence, sexual violence, repeat violence, and stalking. Each has its own requirements based on the relationship between the parties and what occurred. If you do not qualify for one, another may be available.

How fast can I get a restraining order?

Petitions are given priority, and if the judge finds the requirements are met, a temporary injunction can be issued quickly, sometimes the same day. It is effective for a fixed period of not more than 15 days, until a full hearing is held, generally before the temporary order expires.

Does the other person have to be present when I file?

No. The initial request for a temporary injunction can be considered without the other person present. They must be served with the order, typically by a sheriff's deputy, before it is enforceable against them, and they have the right to appear at the full hearing.

What happens if I have been served with a restraining order?

You have the right to attend the hearing and present your side. The effects of an injunction can be significant, so responding carefully matters. Lewert Law represents people responding to injunction petitions, including those who believe the claims are inaccurate.

Where are these cases handled for Boca Raton residents?

Petitions are filed with the Palm Beach County Clerk of the Circuit Court, and for Boca Raton residents these matters are generally heard in the family division at the South County Courthouse, located at 200 W. Atlantic Avenue in Delray Beach, the nearest county courthouse to Boca Raton.

Speak With a Boca Raton Restraining Order Lawyer

Whether you are seeking protection or responding to a petition, you do not have to handle it alone. To speak confidentially with a board-certified restraining order lawyer, call Lewert Law at (561) 544-6861. When you call, please let the office know that your call concerns a domestic violence or restraining order issue.