The requirements for the petition are straightforward: it will mostly ask for personal information about the petitioner and the respondent, including address, place of . Fortunately, our skilled Tampa restraining order attorney at Buda Law provides compassionate and comprehensive reputation. This article surveys the differences between these four types of injunctive relief, and serves . You can also call other witnesses to testify as well. Stat. An injunction or restraining order is a court order signed by a judge that can be served and enforced by law enforcement. Florida has many different types of . The Domestic Violence Department is located in room 3.22 on the 3rd floor of the Main Courthouse in West Palm Beach, as well as in the branch courthouses in Delray Beach, Palm Beach Gardens and Belle Glade.The department assists petitioners with the following: Filing for Injunctions for Protection Against Domestic Violence, Protection Against Repeat Violence, Protection Against Dating Violence . Florida law can be complicated. For example, most restraining orders will provide a certain time limit. To get a restraining order, locate the appropriate court and file a petition. The Restraining Order Process. When your safety or that of your family is at stake, it is important to have the attorney guiding you and fighting for you. The crime is often charged against estranged partners and spouses. A restraining order is meant to prevent instances of continued or . At the hearing, the Petitioner (person seeking the injunction) must prove to the court why such relief is needed. As of July 1, 2003, Florida law provides for four distinct types of orders of protection against violence, also commonly known, locally and nationally, as restraining orders, and in Florida, legally called injunctions. An expert witness is an independent third . Read on to learn everything you need to know about restraining orders in Florida. You need to ask the clerk at the courthouse for a request form for the type of restraining order you wish to file. Injunction for Protection, Baker Act, and Marchman Act petitions are filed in Viera at the Moore Justice Center located at 2825 Judge Fran Jamieson Way, Viera, Florida 32940 Office hours are Monday through Friday 8:00 a.m. to 5:00 p.m. CASE TYPES FOR INJUNCTIONS. You can also call the State Attorney's Office (DOVE Unit) at 355-7433. Judges issue these orders to tell people to do or not do specific things that could endanger the protected person. Filing for a restraining order in Florida? A restraining order prevents any contact or communication between two or more people. Okaloosa County Courthouse I just got served a notice of an injunction and hearing. Expert witnesses: It may be appropriate to call an expert witness to testify in your case. Marion County Government and Associated Cities. Additional: In FL . In Florida alone, more than 100,000 cases of domestic violence were reported last year. 741.31. Both names refer to the same Florida procedure. What is a Restraining Order in Florida? Call the Abuse Hotline at 1-800-96-ABUSE. Ref: Fl. ; order the abuser to not contact you, directly or through a third party; 3. give you temporary child support or spousal support; 4. order the abuser to go to treatment, counseling, or a batterers' intervention program, which the abuser has to pay for; If the judge decides you do not meet the statutory requirements for the temporary injunction, you may still request a hearing where you and the respondent will appear before . Fighting a Restraining Order in Florida. Although this isn't the same as a "domestic violence restraining order," which is summarized above, domestic violence can be a factor in the underlying . Orders of protection/restraining orders have the power to ruin your life. Try to give yourself at least three hours. . The Five Types of Restraining Orders in Florida. Restraining orders in Florida are easy to obtain, by merely filing a form in court and advising a judge that there is abuse occurring, the restraining . If you are found to be in violation of a restraining order or protective injunction in the state of Florida you may be charged with a 1st degree misdemeanor punishable by up to one year in jail and fines reaching $1,000. A restraining order in Florida can protect you from a spouse, a partner, friend, or another individual that is causing harm. 1. This legal motion must usually identify the parties. Restraining orders, also known as an injunction or order of protection, start as a temporary order, which last a maximum of 15 days in Florida. We make it easier by providing you with all the forms and guidance you need to file for a restraining order quickly and effortlessly, and without the added . The five (5) different orders of protection are, 1) domestic violence; 2) repeat violence; 3) dating violence; 4) sexual violence and 5) stalking. (1) (a) A circuit court, upon application of the state attorney, shall issue a temporary restraining order prohibiting the harassment of a victim or witness in a criminal case if the court finds, from specific facts shown by affidavit or by . The person seeking the restraining order is known as a Petitioner. Note that you must fill out the correct petition for the type of injunction you would like to . November 23, 2021. 2 However, when you domesticate the order, the Florida court clerk will notify the abuser that the injunction has been filed. 741.31. Copy. You can get information about your domestic violence-related criminal case by calling Domestic Violence Case Management Unit at (561) 355-6316. *If an injunction is needed after business hours, weekends or holidays, call 911. Restraining Orders/Injunctions/Domestic Violence Forms. Restraining Orders. Order spousal or child support payment. June 11, 2020. After completing and notarizing the forms, e-file them at no cost through TurboCourt or bring the printed forms to the . Regardless of your circumstances, we have the skills and knowledge needed to protect your family law rights. In Orange County, a restraining order may be filed through the following: Orange County Courthouse. The Five Types of Restraining Orders in Florida. . Sexual violence. An restraining order in Florida for repeat violence can be valuable for your safety. You can file for a restraining order if you have been a victim of the any of the types of violence listed above and its happened in the last six months. There are four types to consider: Domestic violence. Dating violence. One of the most common threats faced after ending a violent relationship is stalking. How to Get a Restraining Order in Florida. If you are seeking to modify or lift a no contact order then contact Moses & Rooth. You can seek a restraining order (injunction) in Florida, but am not aware of the Clerk's requirements for filing and attendance at a hearing as more things are being . If you are found to be in violation of a restraining order or protective injunction in the state of Florida you may be charged with a 1st degree misdemeanor punishable by up to one year in jail and fines reaching $1,000. Protect your rights and call Buda Law today. Contact a St. Petersburg Criminal Attorney. Essentially, what you should include in the letter/motion is what you respectfully request that the court do, i.e., remove the protection order, and why it would be right for the court do what you request, i.e., because you . 1. Whether you want to file a petition for a restraining order or you have been served, it is essential to understand your legal rights and responsibilities. A restraining order is an order requiring parties to a lawsuit to do or not do certain things. Filing a Restraining Order in Florida. An expert witness is an independent third . These orders protect a person from domestic, repeat, dating, and sexual violence. Hours of Operation: 8:00 a.m. - 4:30 p.m. (filings stop at 2:00 p.m.) All filings after 2:00 p.m. must be filed at the Broward County Central Courthouse located at 201 SE 6th Street, Fort Lauderdale, FL 33301 or through the eFiling Portal. If you live in Orlando, you would file the petition at the Orange County Courthouse. The person getting the restraining order is called the "protected person.". A restraining order is often the only way to ensure your safety in the following situations: When you are threatened with physical harm or when hitting, punching, pushing, or other violent acts have happened in a relationship; When you are the victim of sexual assault or harassment in your home; When a family member subjects you to emotional abuse; After an injunction/restraining order is officially filed, you can ask a law enforcement officer to go with you to collect your things from the . 3 The abuser then has 30 days to contest (fight) Florida's jurisdiction over the injunction. Expert witnesses: It may be appropriate to call an expert witness to testify in your case. order the abuser to stay away from your home, your work, etc. Restraining orders are most commonly used in situations such as domestic . "Violence" is defined as any "assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking . A Petition may be filed in the county where you currently reside, where the Respondent resides or where the violence occurred. 1. FLORIDA CITY (CBSMiami) -- A South Florida mother has now filed a restraining order after her son was beaten in school by another parent. In Florida, protective injunctions are also known as orders for protection or restraining orders. Restraining orders, also known as an injunction or order of protection, start as a temporary order, which last a maximum of 15 days in Florida. A restraining order, also known as a protective order, is a court order that is meant to protect a specific individual, known as the "protected person.". It prohibits a defendant from having direct or indirect contact with the alleged victim for the duration of the criminal case, or until the court lifts or modifies the order. Anyone over the age of 18 can file for a restraining order in a Florida circuit court. A restraining order is often the only way to ensure your safety in the following situations: When you are threatened with physical harm or when hitting, punching, pushing, or other violent acts have happened in a relationship; When you are the victim of sexual assault or harassment in your home; When a family member subjects you to emotional abuse; It is not uncommon to have questions about the different types of protection from abuse. Stalking is when someone repeatedly follows, harasses, or makes threats against you (Coleman, 1997). The court will set a date for your hearing within that 15 day period unless an attorney requests a continuance. A TRO is considered an emergency remedy for a short period of time in order to obstruct a person from causing harm. Order spousal or child support payment. If the restraining order is against the Petitioner (as in a case where there are counter-petitions), the Petitioner may be arrested by any sheriff's office. Order you to cease all or certain contact. Phone Number: 954-831-5612. Without assistance, the process can be challenging and time-consuming, involving formal legal documentation and complicated filing procedures. Please read our information brochure (provided in English and Spanish) before filling out a petition. This form is applicable to a protected person who . It may be referred to as a "Restraining Order" or an "Order of Protection". It may be part of a family law case, such as a divorce, or other civil case. An injunction is a court order usually issued by a civil court judge that restricts a person's ability to contact another person. In Florida, a restraining order is known as an "injunction for protection"; it is a civil court order restricting individuals who have allegedly committed acts or made threats of violence against the victim. CONTACT WOMEN IN DISTRESS (ALSO ACCEPT MEN) 24 hours a day by calling (954) 761-1133. You can file a petition for a restraining order in the county where you reside, where the abuser lives, or where the violence occurred. Please contact us online or by calling 407-377-0150 to discuss your case. An Injunction for Protection Against Sexual Violence is a court order that directs a person not to have any contact with you. November 23, 2021. Once you file and sign the forms, you will receive a hearing date. Domestic Violence & Restraining Orders. Call the Florida Domestic Violence Hotline at 1-800-500-1119. The person the restraining order is against is the "restrained . Domestic Violence Injunction Court is especially busy in Florida, with dozens of daily cases filed in every Florida County. Lifting the Order. Restraining orders, also known as protective orders in Florida, are court orders barring someone from having any contact with the person named on the order, or from visiting a certain location. Florida law can be complicated. If you are a victim of any act of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming a victim of domestic violence, you can ask the Court for a protective . Domestic violence is an extremely serious issue, and can give grounds for a restraining order, also known as a domestic violence injunction. Restraining orders, also known as injunctions, are final orders of the court that prohibit contact between people. Some restraining orders require you to move out of any residence you share with the protected person. A restraining order (also called a "protective order") is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. 5. An restraining order in Florida for repeat violence can be valuable for your safety. Injunction for Domestic Violence with Children - Domestic Violence with Children Fillable Forms 2021-12-29.pdf (2.9 MBs) Our temporary restraining order (TRO) form can be downloaded easily. You can also call other witnesses to testify as well. Your Marion County Clerk can help if you are a victim of domestic . You should have the right attorney when filing for a restraining order. In these cases, you must leave immediately and take only essentials with you, at least until your court hearing. Victims of abuse can file injunctions for protection against their alleged abusers at no cost. Obtain the proper forms. We serve individuals and families throughout the Central Florida. To obtain an injunction for protection from harassment or abuse, you must file a court document known as a " petition " in the county where you currently live. If you or someone you know is facing a restraining order, don't wait until it's too late. This means you will likely have about a week to contact a lawyer and prepare for the hearing. At this point, it is crucial to talk to a knowledgeable defense attorney that has experience dealing with restraining orders. The two parties living together or having a child together. To obtain a restraining order, you may have to get a packet from the Broward County Clerk of Courts. The form is straightforward, and the petitioner has to provide as much detail as possible. Contact us today at 772-466-0707 to schedule a free consultation. If you file without an attorney you can choose to file by mail or online. They can provide emergency shelter and counselling for victims of abuse and their children. To obtain a Florida restraining order, you must first determine the type you require. Locate the appropriate court. A temporary restraining order may be granted ex parte, that is, without informing in advance the party to whom the temporary restraining order is directed. If you want to explore your options to file a motion to dismiss a restraining order, the St. Petersburg criminal attorneys at Goldman Wetzel might be able to help. Florida's stalking law defines the crime as repeated harassment that creates a credible threat of harm. Your full hearing is your opportunity to tell your story to a judge. Do not simply agree to an injunction, thinking that this is the easiest solution to your troubles with the other party. Florida Domestic Violence Hotline 1-800-500-1119 National Domestic Violence Hotline 1-800-799-SAFE (7233) Please remember that you have the right to an attorney to represent you during all court proceedings. Violence is defined by Florida Statute 784.046(1)(a) as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death, by a person against another person."