How to File a Restraining Order in Tampa, Florida

Restraining orders are injunctions issued by the courts.

Restraining orders are court-issued legal orders designed to protect abuse victims from further violence and harassment. In Florida, two types of restraining orders, called injunctions, are available: injunctions for protection against domestic violence and injunctions against repeat, dating and sexual violence. The former protects victims from assault, battery or stalking, including aggravated or sexual; imprisonment against your will, or criminal actions resulting in death or physical harm by a family or household member. Injunctions against repeat, dating and sexual violence protect victims from repeated abuse or stalking or any sexual violence.

Instructions

1. File the appropriate forms, based on the type of order requested, at the Family Law Department at the George E. Edgecomb Courthouse, the Plant City Courthouse Annex, or the Family Justice Center in Tampa. If the courthouse is closed, you can file an order at The Spring of Tampa Bay, Hillsborough County's Domestic Violence Shelter or with local law enforcement. Forms also are available online.

   The clerk's office will immediately give your petition to a judge, who will decide whether you are in immediate danger and should be granted a temporary restraining order. A full hearing will be scheduled within 15 days of your petition. A temporary injunction protects you until the hearing.

2. Wait for law enforcement to serve the defendant with the petition, and, if granted, the temporary injunction. This notifies the defendant of the allegations against him and hearing date. Service will occur as soon as possible within business hours. If the defendant is not given proper notice, the hearing may be rescheduled.

   Provide the sheriff's department with sufficient information to locate the defendant. Helpful information includes home, work and school addresses, Social Security number and a physical description.

3. Prepare to appear in court and present your case to a judge. Assemble relevant information supporting your petition, and demonstrate you are in danger and need protection. Useful evidence can include witness testimony, police or medical reports and property damaged by your aggressor.

   Practice presenting your testimony. You must present your case clearly to the judge. Legal assistance is not required, but can be helpful.

4. Attend the hearing and present your case to the judge. You must appear even if law enforcement was unable to serve a copy of the temporary injunction before the hearing date. If this happens, you will be issued an amended temporary injunction and a new hearing date.

   If the judge agrees you need protection, the order is granted. The defendant may be required to undergo domestic violence counseling or may face probation or jail time. The judge may order the defendant to have no contact or no violent contact with the victim.

Tips & Warnings

• Copies of filed case paperwork will be provided to the defendant. Omit addresses or phone numbers you do not want him to have. Complete a form to keep this information confidential.

References

• Women's Law: Injunctions for Protection Against Domestic Violence
• Women's Law: Injunctions against Repeat, Dating, & Sexual Violence
• Clerk of the Circuit Court - Hillsborough County, FL: Domestic Violence FAQ
• Hillsborough County Sheriff's Office: Civil Process

Resources

• The Spring of Tampa Bay: Tampa Domestic Violence Shelter
• Clerk of the Circuit Court - Hillsborough County, FL: Domestic Violence Online Forms