How to Obtain an Order of Protection in Florida Against Neighbor Harassment

Restraining orders are issued by judges in the circuit court.

Orders of protection are issued by judges to protect victims of harassment from further violence and distress. To obtain a protective order against a harassing neighbor in Florida, you will need to file for a Restraining Order Against Repeat Violence in the clerk of the circuit court, then attend a hearing at which you will present your case and explain to a judge why you need protection. Protective orders are not appropriate for resolving property disputes.

Instructions

1. Go to the court in the county where you or your neighbor live, or where the violence occurred. To be eligible for this restraining order, your neighbor must have committed at least two acts of violence toward you you or an immediate family member (a child, parent or sibling), one of which occurred in the past six months. According to Florida law, violence includes "assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death." You may also file such a petition on behalf of your minor child.

2. Complete a Petition for an Injunction for Protection Against Repeat Violence in the office of the court clerk. The clerk will give you the appropriate forms; they can also be found online (see Resources). On the form, you will need to give a physical description and location for the respondent, explain the case history (for example, any past injunctions or instances of violence), and explain the terms you are requesting (such as no contact, establishing a personal perimeter or cessation of violent acts).

   Once you complete the form, you will need to have it notarized, so don't sign it; in most cases, the court clerk can notarize it for you. There is no fee to file. When the form is notarized, the clerk will submit it to a judge. You will be granted a brief hearing at which you can request a temporary restraining order to protect you until the full hearing.

3. Wait for your neighbor to be served with the restraining order; law enforcement will do this for you. Serving will inform him of the temporary restraining order (if applicable) and of the date and time of the full hearing. Keep a copy of the temporary restraining order with you at all times.

4. Attend the hearing and present your case to the judge. You can use any relevant evidence--police or medical files, photographs of injuries or damaged property, written communication or witness testimony--to demonstrate your need for protection. Your neighbor will also be given the opportunity to contest the restraining order, and the judge will make a decision.

   If you cannot appear, you may request continuance, meaning a delay of the court date, but the judge may deny it. If your neighbor does not appear, you may be granted the restraining order by default.

   If a restraining order is granted, its terms and lengths will be at the discretion of the judge.

References

• Women's Law: Injunctions Against Repeat Violence
• Walton County Florida Court Clerk: Restraining Orders

Resources

• Florida Courts: Petition For Injunction For Protection Against Repeat Violence
• Women's Law: Florida Legal Statutes