A restraining order is often the only way to ensure your safety in the following situations: When you are threatened with physical harm or when hitting, punching, pushing, or other violent acts have happened in a relationship; When you are the victim of sexual assault or harassment in your home; When a family member subjects you to emotional abuse; Phone Number: 954-831-5612. Your Needs. After a charge or arrest for domestic violence, the abuser may still find ways to cause harm. How to Get a Restraining Order in Florida. A restraining order is an . In these cases, you must leave immediately and take only essentials with you, at least until your court hearing. Restraining Orders. The U.S. District Court for the Southern District of Florida has ordered Florida company, Windows Service Center LLC, and its owner and operator, Erica Herson, 41, of Miami, to stop operating a technical-support fraud scheme that is alleged to have defrauded elderly and vulnerable U.S. victims out of over $1 million. The Domestic Violence Department is located in room 3.22 on the 3rd floor of the Main Courthouse in West Palm Beach, as well as in the branch courthouses in Delray Beach, Palm Beach Gardens and Belle Glade.The department assists petitioners with the following: Filing for Injunctions for Protection Against Domestic Violence, Protection Against Repeat Violence, Protection Against Dating Violence . November 23, 2021. The Restraining Order Process. You can seek a restraining order (injunction) in Florida, but am not aware of the Clerk's requirements for filing and attendance at a hearing as more things are being . This means you will likely have about a week to contact a lawyer and prepare for the hearing. 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. It may be part of a family law case, such as a divorce, or other civil case. You can get information about your domestic violence-related criminal case by calling Domestic Violence Case Management Unit at (561) 355-6316. Okaloosa County Courthouse You may be eligible for an Injunction for Protection if you have been a victim of Sexual Violence. (1) (a) A circuit court, upon application of the state attorney, shall issue a temporary restraining order prohibiting the harassment of a victim or witness in a criminal case if the court finds, from specific facts shown by affidavit or by . Domestic Violence & Restraining Orders. Filing a Restraining Order in Florida1 Kathleen Beall and Heidi Radunovich2 1. Once the type of restraining order is selected the next step is to prepare the petition and file it in court. Restraining orders, also known as an injunction or order of protection, start as a temporary order, which last a maximum of 15 days in Florida. Florida law provides for five (5) different orders of protection against violent conduct. Regardless of your circumstances, we have the skills and knowledge needed to protect your family law rights. 2 However, when you domesticate the order, the Florida court clerk will notify the abuser that the injunction has been filed. Florida Government. Florida has many different types of . Filing a Restraining Order in Florida. 3 The abuser then has 30 days to contest (fight) Florida's jurisdiction over the injunction. The Five Types of Restraining Orders in Florida. Some of the many different types of evidence that an attorney can use to fight a restraining order include: Testimony: You can testify on your own behalf. There are five types of injunctions for protection, which are defined as follows: Restraining orders, also known as permanent injunctions in Florida, can only be issued by judges after a hearing where the party receiving the injunction (Respondent) has been properly served. Typically, if an individual violates the Court order, criminal penalties can be charged against him. Your full hearing is your opportunity to tell your story to a judge. An Injunction for Protection Against Sexual Violence is a court order that directs a person not to have any contact with you. Fighting a Restraining Order in Florida. . Florida's stalking law defines the crime as repeated harassment that creates a credible threat of harm. Call the Abuse Hotline at 1-800-96-ABUSE. Domestic Violence Injunction Court is especially busy in Florida, with dozens of daily cases filed in every Florida County. Whether you want to file a petition for a restraining order or you have been served, it is essential to understand your legal rights and responsibilities. If you or someone you know is facing a restraining order, don't wait until it's too late. Florida law can be complicated. These orders protect a person from domestic, repeat, dating, and sexual violence. At the hearing, the Petitioner (person seeking the injunction) must prove to the court why such relief is needed. Immediately after filing your petition, it will be brought before the judge to determine if there is immediate, present risk of domestic violence. Ref: Fl. If the restraining order is against the Petitioner (as in a case where there are counter-petitions), the Petitioner may be arrested by any sheriff's office. Common Questions: Restraining Orders in Florida. Restraining orders are most commonly used in situations such as domestic . To obtain a restraining order, you may have to get a packet from the Broward County Clerk of Courts. If you are seeking to modify or lift a no contact order then contact Moses & Rooth. Protect your rights and call Buda Law today. When filing for an injunction in Florida, petitioners often choose the wrong lawyer or choose to file their petition without professional help. To obtain an injunction for protection from harassment or abuse, you must file a court document known as a " petition " in the county where you currently live. Call us today at (727) 828-3900 to schedule a free consultation. 425 N. Orange Avenue, suite 320. Our temporary restraining order (TRO) form can be downloaded easily. In Florida, a restraining order is known as an "injunction for protection"; it is a civil court order restricting individuals who have allegedly committed acts or made threats of violence against the victim. An expert witness is an independent third . Expert witnesses: It may be appropriate to call an expert witness to testify in your case. A Petition may be filed in the county where you currently reside, where the Respondent resides or where the violence occurred. Hours of Operation: 8:00 a.m. - 4:30 p.m. (filings stop at 2:00 p.m.) All filings after 2:00 p.m. must be filed at the Broward County Central Courthouse located at 201 SE 6th Street, Fort Lauderdale, FL 33301 or through the eFiling Portal. Both names refer to the same Florida procedure. Under Florida law, a 'no contact' order is a type of injunction or restraining order imposed by a court as a condition of a defendant's pretrial release. If the judge decides you do not meet the statutory requirements for the temporary injunction, you may still request a hearing where you and the respondent will appear before . June 11, 2020. order the abuser to stay away from your home, your work, etc. Violence is defined by Florida Statute 784.046(1)(a) as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death, by a person against another person." For immediate legal assistance, please contact our Orlando office today at 407-521-7171 or email us directly through our website. Another form that is accessible is the Civil Harassment Restraining Order Form. Parents or legal guardians can request restraining orders on behalf of children. There are four types to consider: Domestic violence. . §741.31. After completing and notarizing the forms, e-file them at no cost through TurboCourt or bring the printed forms to the . Orders of protection/restraining orders have the power to ruin your life. We can go over the details of your cases and help you develop the best strategy for lifting or modifying a restraining order. Ref: Fl. Try to give yourself at least three hours. This document is FCS3325, one of a series of the Department of Family, Youth and Community Sciences, UF/IFAS Extension. 1. Typically, either the victim or the defendant can ask the court to lift the restraining order. When your safety or that of your family is at stake, it is important to have the attorney guiding you and fighting for you. The brochure explains the process for obtaining an injunction and what to expect. The court will set a date for your hearing within that 15 day period unless an attorney requests a continuance. Read on to learn everything you need to know about restraining orders in Florida. A restraining order is often the only way to ensure your safety in the following situations: When you are threatened with physical harm or when hitting, punching, pushing, or other violent acts have happened in a relationship; When you are the victim of sexual assault or harassment in your home; When a family member subjects you to emotional abuse; In Orange County, a restraining order may be filed through the following: Orange County Courthouse. Without assistance, the process can be challenging and time-consuming, involving formal legal documentation and complicated filing procedures. For Injunction questions, please call directly: 352-341-6417. Restraining orders, also known as injunctions, are final orders of the court that prohibit contact between people. An restraining order in Florida for repeat violence can be valuable for your safety. Stat. 4 You can file a petition to keep your . The time length of a restraining order can be from several days to several years. Order spousal or child support payment. In Florida alone, more than 100,000 cases of domestic violence were reported last year. A restraining order (also called a "protective order") is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. Common Questions: Restraining Orders in Florida. §741.31. You can file a petition for a restraining order in the county where you reside, where the abuser lives, or where the violence occurred. CONTACT WOMEN IN DISTRESS (ALSO ACCEPT MEN) 24 hours a day by calling (954) 761-1133. I just got served a notice of an injunction and hearing. Sexual Violence means any one . Since restraining orders are put in place by a court, they must be removed through a court process before a person is able to re-initiate contact without being in violation of the terms of the order. We make it easier by providing you with all the forms and guidance you need to file for a restraining order quickly and effortlessly, and without the added . Additional: In FL . Read on to learn everything you need to know about restraining orders in Florida. If you find yourself in a life-threatening domestic violence situation after 5 . Obtain the proper forms. The crime is often charged against estranged partners and spouses. Anyone over the age of 18 can file for a restraining order in a Florida circuit court. An injunction or restraining order is a court order signed by a judge that can be served and enforced by law enforcement. Restraining Orders in Florida. Restraining Orders/Injunctions/Domestic Violence Forms. Florida Domestic Violence Hotline 1-800-500-1119 National Domestic Violence Hotline 1-800-799-SAFE (7233) Please remember that you have the right to an attorney to represent you during all court proceedings. Essentially, what you should include in the letter/motion is what you respectfully request that the court do, i.e., remove the protection order, and why it would be right for the court do what you request, i.e., because you . Although this isn't the same as a "domestic violence restraining order," which is summarized above, domestic violence can be a factor in the underlying . Order spousal or child support payment. Once you file and sign the forms, you will receive a hearing date. You can also call other witnesses to testify as well. How to File a Restraining Order. Sexual violence. Expert witnesses: It may be appropriate to call an expert witness to testify in your case. Order you to cease all or certain contact. Some restraining orders require you to move out of any residence you share with the protected person. Injunction for Domestic Violence with Children - Domestic Violence with Children Fillable Forms 2021-12-29.pdf (2.9 MBs) Whether you want to file a petition for a restraining order or you have been served, it is essential to understand your legal rights and responsibilities. If you want to explore your options to file a motion to dismiss a restraining order, the St. Petersburg criminal attorneys at Goldman Wetzel might be able to help. Dating violence. A restraining order prevents any contact or communication between two or more people. The Five Types of Restraining Orders in Florida. Restraining Orders. Locate the appropriate court. You need to visit the courthouse in your county. Do not simply agree to an injunction, thinking that this is the easiest solution to your troubles with the other party. 1. A restraining order in Florida can protect you from a spouse, a partner, friend, or another individual that is causing harm. The idea is to stop the pattern of abuse. The person getting the restraining order is called the "protected person.". *If an injunction is needed after business hours, weekends or holidays, call 911. M-F, 7:30 a.m. - 4:00 p.m. Call the Florida Domestic Violence Hotline at 1-800-500-1119. A temporary restraining order usually lasts while a motion for preliminary injunction is being decided, and the court decides whether to drop the order or to issue a preliminary injunction. Stat. Stalking is when someone repeatedly follows, harasses, or makes threats against you (Coleman, 1997). They can provide emergency shelter and counselling for victims of abuse and their children. The person seeking the restraining order is known as a Petitioner. One of the most common threats faced after ending a violent relationship is stalking. Filing a Restraining Order in Florida. Please contact us online or by calling 407-377-0150 to discuss your case. CALL 911 IF YOU ARE IN IMMEDIATE DANGER! This applies to any type of sexual abuse. What is a Restraining Order in Florida? Once the injunction is filed, it is treated as though it was a Florida court decision. This legal motion must usually identify the parties. To obtain a Florida restraining order, you must first determine the type you require. An expert witness is an independent third . For example, most restraining orders will provide a certain time limit. Note that you must fill out the correct petition for the type of injunction you would like to . The five (5) different orders of protection are, 1) domestic violence; 2) repeat violence; 3) dating violence; 4) sexual violence and 5) stalking. FLORIDA CITY (CBSMiami) -- A South Florida mother has now filed a restraining order after her son was beaten in school by another parent. This all unfolded at Bethell Junior Academy in Florida . Lifting the Order. In Florida, victims of stalking also have a civil remedy available to them in the form of restraining orders (also called "orders of protection"). Prepare and File the Petition for Protection in Circuit Court. Contact a St. Petersburg Criminal Attorney. ; order the abuser to not contact you, directly or through a third party; 3. give you temporary child support or spousal support; 4. order the abuser to go to treatment, counseling, or a batterers' intervention program, which the abuser has to pay for; You need to ask the clerk at the courthouse for a request form for the type of restraining order you wish to file. Failure to abide by the terms of the temporary restraining order could lead to a criminal charge. Best Answer. A motion is sometimes described to people who do not have an attorney representing them as a "letter to the judge.". Order you to cease all or certain contact. If you file without an attorney you can choose to file by mail or online. Once that time limit passes, the restraining order may expire if a party . If you file without an attorney you can choose to file by mail or online. Its purpose is to legally ban the abusive person from coming into contact with the victim and their children in various ways, including by phone, email and in person. Restraining orders in Florida are easy to obtain, by merely filing a form in court and advising a judge that there is abuse occurring, the restraining . The court will set a date for your hearing within that 15 day period unless an attorney requests a continuance. "Violence" is defined as any "assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking . A restraining order in Florida can protect you from a spouse, a partner, friend, or another individual that is causing harm. If you feel unsafe or are in danger, a temporary injunction, also known as a restraining order, may be issued until a judge can rule on your petition. 5. You can also call other witnesses to testify as well. You can also call the State Attorney's Office (DOVE Unit) at 355-7433. If you are found to be in violation of a restraining order or protective injunction in the state of Florida you may be charged with a 1st degree misdemeanor punishable by up to one year in jail and fines reaching $1,000. [13] You should arrive early to complete all paperwork and wait for the judge to make a decision. Filing for a restraining order (injunction for protection) in Duval County was designed to be a straightforward process that does not require the assistance of an attorney. If you are found to be in violation of a restraining order or protective injunction in the state of Florida you may be charged with a 1st degree misdemeanor punishable by up to one year in jail and fines reaching $1,000. Orlando, FL 32801. To get started with an initial consultation today, call (813) 544-7024. A restraining order is meant to prevent instances of continued or . Hiring an experienced attorney can help you after you've filed the order, when you will need to appear in court to have a judge hear your request. You may also need one from the other party's county or the county where the abuse took place. The requirements for the petition are straightforward: it will mostly ask for personal information about the petitioner and the respondent, including address, place of . Fortunately, our skilled Tampa restraining order attorney at Buda Law provides compassionate and comprehensive reputation. This form is applicable to a protected person who . Domestic violence is an extremely serious issue, and can give grounds for a restraining order, also known as a domestic violence injunction. Filing for a restraining order in Florida? Florida law can be complicated. The form is straightforward, and the petitioner has to provide as much detail as possible. 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.