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How to File a Restraining Order in Florida

Contributor
By Joseph Nicholson
eHow Contributing Writer
(0 Ratings)
Florida counties
Florida counties

The legal term for a restraining order in Florida is "Injunction of Protection Against Domestic Violence," and anyone who is the victim of domestic violence, male or female, is eligible to get one free of charge.

Difficulty: Moderate
Instructions

Things You'll Need:

  • Transportation to the courthouse Notary public
  1. Step 1

    Understand the qualifications. To get a restraining order, or injunction, you must be the victim of domestic violence, but this is not limited to acts between a man and wife or partner. Domestic violence is any incidence of assault, battery, stalking, kidnapping, false imprisonment, or physical harm caused by any other household member. Having good reason to fear any of these will occur is also grounds to obtain an injunction.

  2. Step 2

    Get help. If at all possible, see a lawyer or legal professional to guide you through the process of obtaining a restraining order. Though this is not strictly necessary, it can be helpful in an already stressful situation, and can ensure the process moves as quickly as possible.

  3. Step 3

    Visit the courthouse. As many as three counties can have concurrent jurisdiction to grant an injunction, any one of which will do. The injunction must be granted by the county court where the violence occurred, where the victim resides, or where the offender resides.

  4. Step 4

    Talk to the clerk. The courthouse can be an intimidating place, but it should be fairly easy to find the clerk. In large counties, the clerk's office will have multiple teller windows. Visit one and request an Injunction of Protection Against Domestic Violence petition.

  5. Step 5

    Fill out the petition and get it notarized. The more information you can provide about the incident(s) that qualify you to receive injunction protection, and on how the court can locate the abuser, the better. Do not sign the petition until you're in the presence of a notary. Ask the clerk's representative if they can notarize the petition or direct you to a nearby notary service.

Tips & Warnings
  • Upon submitting a notarized injunction petition, the court clerk will give you a temporary injunction that's good for 15 days. The court must serve the abuser with process within that time for the permanent injunction to take effect.
  • Though an injunction creates penalties if the abuser comes into your vicinity or attempts to contact you via phone or email, it is, after all, just a piece of paper. Do not attempt to contact the abuser in any way as this can void your injunction protection and incite the abuser to commit more violence. Do not hesitate to obtain an injunction if you are in serious danger. However, because injunctions prohibit interaction between yourself and the other party, do not seek an injunction if you feel the situation could better be resolved through conversation, mediation or counseling.
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