How to File a Restraining Order in Florida

Everything You Need to Know about Restraining Order Filings in Florida

Per Article 1, Section 2 of the Florida Constitution, every Floridian has the basic right to life, liberty, and the pursuit of happiness. Florida laws also protect individuals from intrusion into their private affairs, various forms of harassment, and stalking. Unfortunately, merely having protective laws in place doesn’t automatically prevent you from becoming a victim of these actions. From domestic violence to sexual assault and many more, Floridians still face various kinds of threats and disturbances every day.

Fortunately, there are several legal protective measures to employ if you are a victim or have been threatened with violence in Florida. One of them is filing a restraining order against the perpetrators. Restraining orders give you peace of mind by ensuring that abusive individuals keep their distance from you. What’s more, the benefits of a restraining order can also extend to your finances in some situations.

In this article, we’ll discuss restraining orders in detail, focusing on how to file a restraining order in Florida. You’ll also learn how to enforce restraining orders against an individual in Florida even when you’re outside the state.

What Is a Florida Restraining Order?

Understanding Restraining Orders in Florida

Also called injunctions for protection, restraining orders protect you from individuals (respondents) who have threatened you. The order does this by prohibiting the abuser’s further acts of violence. Injunctions for protection can also forbid the respondent from:

• Contacting you physically or electronically
• Remaining in a shared dwelling
• Visiting your home, school, place of employment, and other places you frequent
• Having unfettered access to your minor children, and many more.

It’s important to note that not all violent actions qualify for a protective order. Common examples of qualifying offensive behavior include:

• General assault, especially sexual and aggravated assault
• Battery, including sexual and aggravated battery
• Stalking and aggravated stalking
• Kidnapping
• False imprisonment
• Any crime resulting in physical injury or death by one person to another.

There are 5 types of restraining orders in Florida—domestic, repeat, stalking, sexual, and dating violence restraining orders:

Domestic Violence Injunction 

Domestic violence injunctions, as the name implies, are protective orders specific to victims of domestic violence. This includes spouses, ex-spouses, persons who have a child between them, and cohabitants.

Repeat Violence Injunction

A repeat violence injunction is granted to petitioners who have experienced at least 2 incidences of violence from the same respondent. One of the violent acts must have occurred within 6 months from the filing date. Incidences of violence or stalking also fall under repeat violence if an immediate family member of the petitioner is a victim.

Stalking Violence Injunction

For stalking to be established, the respondent must have been purposely following or harassing you in a way that causes you emotional stress. Also, the behavior must be repeated over a period of time with no legal rationale for it. Stalking becomes aggravated if the respondent threatens your life or puts you under apprehension of harm.

Sexual Violence Injunction

Sexual violence injunctions cover a wide range of offensive sexual acts. Common ones include sexual battery, lewd and lascivious acts, luring or enticing a child, sexual performance by a child, and other enforceable felonies that involve a sexual act.

For a sexual violence injunction to be granted, the petitioner must have reported the act to a law enforcement agency. They must also be cooperating in a criminal proceeding against the respondent. Alternatively, the respondent must have been sentenced to a jail term in a state prison for the sexual act. Their imprisonment term should also have expired or be about to expire within 90 days of filing.

Dating Violence Injunction

Dating violence involves individuals who had or have a romantic/intimate relationship within 6 months from the filing date.

Note: To be eligible to petition for a restraining order in Florida, the petitioner must:

• Be a victim of the violent act, or
• Have reasonable cause to believe that they are in imminent danger of becoming victims of such acts.

What Are the Processes for Filing Florida Restraining Orders?

Step-By-Step Guide to Filing Restraining Orders in Florida

If you’re in Florida, you should follow these steps to file a petition for an injunction for protection:

Consult with Your Attorney 

It’s never advisable to attempt to file a restraining order without an experienced lawyer’s help. That’s especially true if you’ve never successfully filed one before. Since you’re new to the complex legal process, there’s a high chance of making mistakes with devastating outcomes. For example, you may fail to properly document supporting evidence, which can lead to a petition denial.

Consulting an attorney, however, drastically reduces and even eliminates the tendency to make such errors. From confirming your eligibility to file, gathering evidence, and providing legal guidance, they’ll ensure that the process is seamless and successful.

Determine the Appropriate Type of Restraining Order 

As discussed above, several types of restraining orders exist in Florida. Since each one carries specific requirements, it’s important to determine the particular one you seek from the outset. This ensures that you don’t waste your time and other resources following the wrong process for the desired relief. If you’re in doubt, your order of protection attorney in Florida can provide you with the needed clarity to forge ahead.

Find Out The Appropriate Court in Which to File 

After confirming the type of injunction to file, the next step is to determine the court with jurisdiction over your matter. The appropriate court is often the local courthouse in the county where you or the abuser resides. You can also file a petition for a restraining order in the county where the violence/abuse happened. For example, if you reside in Tampa, you’re expected to visit the Clerk of Court’s Office in Hillsborough County to process your application.

Complete and File the Necessary Forms 

Specific forms must be completed and filed with the appropriate court to kickstart the restraining order process. Typically, they can be obtained through the Florida court’s official website or from the court clerk. For example, forms for injunctions for protection for domestic violence can be found on the Hillsborough County Clerk of Court’s website.

Get a Court Ruling 

After submitting your form and all necessary documents, the court will review your petition and give its ruling. This can be a temporary injunction or denial of the temporary injunction, both accompanied by an order setting a final hearing. The court may also deny the petition with reasons.

Attend the Hearing 

If the court sets a final hearing, it’ll be within 15 days from the filing date. Your attorney will prepare you for your court appearance and present your case to the judge. This hearing is important because the respondents will be allowed to defend themselves. So, you need to present more compelling evidence/story to ensure that the protective order is extended.

Follow Up/Enforcement 

If the court grants the injunction order, dedicate some time to familiarize yourself with its protections. It’s also wise to have a copy of the order and take it anywhere you go. This way, you can quickly show it to law enforcement agents to take the necessary legal action should the respondent flaunt any provision.

How to Enforce an Out-Of-State Restraining Order in Florida

Are Out-Of-State Restraining Orders Valid in Florida?

A restraining order doesn’t have to be issued in Florida for it to be enforceable in the state. However, for out-of-state injunctions for protection to be valid in Florida, the following conditions must be met:

• The purpose of the restraining order must be to prevent violence, threats, harassment or keep the respondent away from the petitioner.
• The issuing court must have jurisdiction over the matter.
• The respondent must have been notified of the order and allowed to defend themselves in court.

Note, however, that Florida doesn’t enforce out-of-state restraining orders pertaining to child support or custody. For such orders to be enforceable in the state, they must be recorded in a court in Florida. This process is called “domestication” and is done by filing them with the court clerk. When this is done, the out-of-state order will have the same effect as other orders issued by a Florida judge.

Do You Need Help with Filing a Florida Restraining Order?

Let Our Experienced Florida Order of Protection Attorney Help to Put Your Safety First

Having to look over your shoulders constantly due to a threat of violence is never a comfortable situation. No one should have to experience the anxiety that comes with domestic violence, sexual harassment, stalking, and other forms of harassment. Fortunately, you can protect yourself from these threats by filing a restraining order against the abusive person. Better still, our skilled order of protection lawyers in Florida can ease the process by applying on your behalf.

At Taracks & Associates law firm, we understand the physical and psychological distress that comes with needing the government’s protection. As such, we’re committed to offering you top-notch legal representation that eases your mind and safeguards your well-being. We know that your situation requires prompt intervention. So, we’ll prioritize your case, ensuring that you get the legal relief you deserve at the earliest time possible.