How to Get a Restraining Order in Florida

Restraining orders protect victims from further violence.

Restraining orders, also called protection orders or injunctions for protection, are issued by judges to protect victims of abuse, harassment, or stalking from further violence. In Florida, there are two types of restraining orders: Injunctions for Protection Against Domestic Violence, and Injunctions against Repeat, Dating, and Sexual Violence. These restraining orders are obtained by filing paperwork with the clerk of the court and appearing before a judge in a hearing in which you explain why you need protection.

Instructions

1. Go to the court in the county where you live, the abuser lives or where the abuse took place, and file a Petition for Injunction for Protection. The court clerk can give you the forms; they are also available online. Complete the forms and give them to the clerk; you will usually need to sign them in front of the clerk or a notary.

   You may apply for an Injunction for Protection Against Domestic Violence if you have been or are in reasonable danger of any assault, battery, stalking, kidnapping, false imprisonment, or criminal offense resulting in physical injury or death of a family or household member at the hands of one of your family or household members.

   You may apply for an Injunction against Repeat, Dating, & Sexual Violence if: you have been stalked at least twice, and at least once in the past six months; if you have been abused by someone with whom you are in or have been in a dating relationship with; or if you are the victim of sexual assault.

2. Appear before a judge in an ex parte hearing. In an ex parte hearing, you have the opportunity to explain your situation to the judge without the alleged abuser being present. You may present evidence (such as police or medical records) if you have them available, but this is not required at this time, as ex parte hearings are emergency hearings. At this hearing, the judge will set a date for the full hearing (which will be within 15 days), and may grant you a temporary restraining order to protect you until the hearing.

   The court will then forward your paperwork to law enforcement, who will "serve" the alleged abuser with a notice of hearing and (if applicable) the temporary restraining order.

3. Prepare to present your case in court. Gather any evidence, such as police and medical records, written communication, photographs of damaged property or injuries, and witness testimony, that may support your claim to protection. It can also be helpful to practice presenting your story to someone else; you will need to be able to explain your circumstances clearly, accurately and descriptively to the judge. Legal assistance can be helpful, but is not required.

4. Appear at the hearing and present your case to the judge. If you do not appear, the case may be thrown out, your temporary order will expire and you will be left unprotected. It may also damage your credibility and make it more difficult for you to obtain an order in the future. If the respondent does not appear, the Injunction for Protection may be granted automatically.

   Protective orders are typically effective for a year; you may reapply to have the order extended annually, but they are effective for only one year at a time.

Tips & Warnings

• Violating a restraining order in Florida is a misdemeanor in the first degree.

References

• Women's Law: Injunctions for Protection Against Domestic Violence
• Women's Law: Injunctions against Repeat, Dating, & Sexual Violence
• State Attorney 18th Judicial District Florida: Injunction For Protection Against Domestic Violence And Repeat Violence
• ARDVAARC: FLORIDA: Injunctions / Protection Orders

Resources

• Florida Courts: Court Forms
• FindLaw: Florida Protective Order Laws