Welcome to my guide to a restraining order in Florida There are several types of restraining orders in Florida. You can get a injunction for repeat violence if the following are true:
- Two or more times you were the victim of violence.
- At least one time happened within six months before going to court.
What types of violence are repeat violence?
Repeat violence includes:
- aggravated battery
- sexual assault
- sexual battery
- aggravated stalking
- or false imprisonment
- any criminal offense that causes bodily injury or death.
How do I go to Court?
In order to get an injunction you must file paperwork called a “petition” in your local court.
What happens in Court?
The judge will review your case. If he or she believes you are in currently in danger he will sign a temporary injunction. A temporary injunction is made without telling the other person. A sheriff or other law enforcement will give or serve the injunction on the person. It will take effect right away. It last until your court hearing or 15 days. The 15 days starts once the injunction if served on the other person.
Going to Court
Within 15 days you will have a court date. This is called a hearing. The judge will hear your facts. The other party will also be able to talk to the judge. The judge will make a decision. If he believes you have enough facts or evidence to support your case he will make a final judgment for you. This will make the injunction continue for: a specific time, until modified or ended by the court. If the court doesn’t give you an injunction at the final hearing, the temporary injunction with end. Also, the court can make a decision even if you or the other side doesn’t appear for your final hearing.
If the judge orders the injunction, you will get a signed copy. Keep this with you.
If the Judge Denies your Petition.
The court will deny your petition if they think there is no present danger of repeat violence. If your petition is denied add more facts. You add more facts or evidence by providing them to the court.
Frequently Asked Questions about restraining orders in Florida
What if my spouse or a family member is the other party?
In this guide to a restraining order in Florida is haven’t discussed this issue. If this is your case you file a Petition for Protection Against Domestic Violence. I will have a future blog post on this issue.
Here is a link to a blank copy of this form. (Opens PDF; 622K).
Can I file my paperwork online?
Yes or no. Lawyers are required to file online. If you don’t have a lawyer you can file documents and evidence by regular mail or online. But, if you choose online, you must do everything in your case online until the end. You will have to tell the court what your is your email. This form is called Designation of Current Mailing and E-mail Address. (Opens PDF, 694K). You will need to put your email address on all your paperwork you sign.
Do I need an attorney to file for a restraining order?
Hiring an attorney is a personal decision. As a family law attorney, I believe the personal and emotional issues involved in this issue, an attorney can provide an objective view. Attorneys have various fees and approaches to legal matters. Its good to hire an attorney whose approach you are comfortable with.
I hope you found this guide to a restraining order in Florida helpful. An restraining order in Florida for repeat violence can be valuable for your safety. You can file for a restraining order if you have been a victim of the any of the types of violence listed above and its happened in the last six months. If you file without an attorney you can choose to file by mail or online. An attorney can help with your filing to give you the best chance of success.