Applying for a restraining order in Florida involves a specific process. Here’s a breakdown of what’s required:
Steps to Apply for a Restraining Order in Florida
1. Determine the type of restraining order Needed. In Florida, there are five options:
- Domestic Violence: For victims who have a familial/household relationship with the aggressor.
- Sexual Violence: For victims of sexual violence who do not necessarily have a household relationship with the aggressor.
- Dating Violence: For individuals who have had a continuing and significant relationship of a romantic or intimate nature with the aggressor.
- Stalking (including Cyberstalking): For victims of stalking, regardless of their relationship with the aggressor.
- Repeat Violence: Used if there have been two acts of stalking or violence on two different occasions, with one of them occurring in the last six (6) months, from a person who is a non-domestic or non-dating relations such as a neighbor or co-worker.
2. File a Petition
- Go to the court circuit in your county and request the forms for a protective injunction. This is a FREE service!
- Complete the petition detailing specific incidents of abuse, threats, harassment, or stalking.
- Be thorough and include dates/descriptions of the events.
3. Judge’s Review
- A judge will review your petition for a Restraining Order in Florida quickly…often the SAME day!
- If the situation involves immediate danger, the judge may grant a temporary injunction, which typically lasts up to 15 days until a full hearing can be held.
4. Service of Process
- Once the petition for a Restraining Order in Florida is filed, the local sheriff’s office will serve the respondent with a copy of the petition, notice of the hearing, and any temporary injunction issued by the judge.
5. Hearing
- Both you (the petitioner) and the respondent (the person you are filing against) will have the opportunity to present evidence and testimony at the hearing for a Restraining Order in Florida.
- It is advisable to bring any physical evidence of violence or harassment, such as photographs, texts, emails, and witness testimonies.
6. Judge’s Decision
- After the hearing, the judge will decide whether to grant a final restraining order, which can last indefinitely or until modified by the court.
7. After the Order is Issued
- Keep a certified copy of the restraining order with you at ALL times!
- Inform your local police, your employer, and other relevant parties about the restraining order.
Applying for a restraining order in Florida is a structured process designed to protest individuals from domestic, sexual, and other forms of violence. This process ensures that all parties are heard and that a fair decision is made regarding the issuance of a protective order.
The steps, from petition to final judgment, are aimed at providing immediate and long-term safety measures for victims, making the restraining order a critical tool in safeguarding individuals against threats and violence. By following these steps carefully, victims can effectively secure the legal protection they need.
Need Protection?
Do you or a loved one need a restraining order to be protected against domestic violence or sexual assault? “Choose the 2’s,” and call 561-222-222 immediately to speak to one of GOLDLAW’s legal experts, or contact us here!