Home Articles A Step-by-Step Guide on How to File Restraining Orders in Florida

A Step-by-Step Guide on How to File Restraining Orders in Florida

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A restraining order (otherwise known as an injunction for protection in Florida) is an order by the court to restrict people who have committed acts of violence or threaten to do so from accessing the victim.

Obtaining an injunction is a civil procedure with set steps to be taken for your petition to be approved. The steps are straightforward, and, with the help of an attorney or social worker, you can have it done as soon as possible.

Let’s break them down.

Determine the Type of Restraining Order You Need to File

Restraining orders in Florida are unlike in any other state because there are different types of injunctions for protection. It is important to know what type applies to your situation before filing. This will improve the chances of your injunction being approved.

Faith Based Events

The types of injunctions include:

  • Domestic violence injunction
  • Stalking violence injunction
  • Sexual violence injunction
  • Dating violence injunction

Knowing which injunction applies to your case is important and will weigh heavily on the judge’s ruling in your case.

File Your Injunction

Your next step is to file your petition in your local courthouse. The petition contains forms that are available on the court’s website. In these forms you will enter:

  • Your contact information
  • The respondent’s (aggressor) contact information
  • Details of the alleged incidents
  • Any police reports or documents if you have any

This information will help the judge get a good scope of your case and the police a way to reach you or the perpetrator in question, should the need arise. The petition can be filed in person or online, through the courthouse portal.

A copy of the petition will be served to your perpetrator to notify them that you are taking the matter to court, due process dictates that this notice must be given.

Get a Court Ruling

A court ruling is usually granted in a few hours therefore it is important to prepare yourself to go to court as soon as possible. If the court believes that you stand to face harm if an order is not granted immediately, the judge will grant you a temporary injunction. These usually last 15 days as you wait for a second hearing date and may not even be granted altogether.

During the first trial, the perpetrator does not have to be present but, on the second one, they are required to present themselves in case they need to defend themselves against the accusation.

Prepare to Appear in Court

If your petition is approved, you should be prepared to appear in court for the second hearing. You may be required to testify and even give evidence against the respondent during this hearing.

If you were granted a temporary injunction then it will expire on this day, so you have to petition for an extension on the order. In this hearing, both you and the respondent will be given a chance to speak and present witnesses in both your defenses.

If the judge feels that you have made a strong case, they may enter a final judgment of injunction and grant you the restraining order. If not, your petition is denied, your protection lifted, and your respondent is no longer restrained. 

The Bottom Line

If you are granted an order, understand what it protects you from and the terms of the injunction. This will come in handy if your perpetrator attempts to establish contact or continues to harass you even after the order.

Always have a copy in hand that you can present to authorities in case of any breach or violations from your aggressor and they may be looking at a jail term following the disobedience.


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