-
-
This page will help you learn the differences between the types of restraining orders as well as how to get a restraining order in Florida. There are several different types of restraining orders within the state of Florida, one that addresses domestic violence situations and another for any situation that does not meet the criteria for domestic violence.
Once the protection order has been filed, the abuser is not allowed to contact the victim for any reason at the risk of being found in contempt of court. In return, it is important that the petitioner not contact the abuser for any reason either. Doing so could not only provoke a violent act, but also may nullify the injunction. While victims are encouraged to obtain injunctions if they feel endangered, be sure that the situation may not be better resolved through some other type of mediation or counseling prior to enacting an injunction.
-
-
Introduction
Within the State of Florida, a restraining order is an order signed by a judge to protect an individual from various types of abuse. Victims of domestic violence are eligible to file for these "Injunctions for Protection Against Domestic Violence" free of charge.http://www.womenslaw.org/laws_state_type.php?id=496&state_code=FL The victim and his or her abuser must meet the criteria for a relationship as defined by the state to qualify for one of these types of restraining orders. All other situations are covered by filing a Restraining Order for Repeat Violence. -
Step 1: Understand the Criteria
Understand the criteria and determine which type of protective order applies. To qualify for an Injunction for Protection Against Domestic Violence, an individual must be a victim of some type of domestic violence at the hands of another household member. Acts of domestic violence include incidents of assault, battery, false imprisonment, kidnapping, stalking, or some type of physical harm.http://www.womenslaw.org/laws_state_type.php?id=496&state_code=FL#content-7787 If the relationship between the abuser and victim does not qualify as domestic, it may be covered through a Restraining Order for Repeat Violence. To qualify, there must have been at least two violent or stalking incidents committed against the petitioner by the respondent within six months of filing. These restraining orders are issued to stop threatening or harmful behavior against the petitioner.http://www.womenslaw.org/laws_state_type.php?id=12664&state_code=FLStep 2: Visit the Clerk of the Court
Discuss the situation with the Clerk of the Court at the local county circuit courthouse and request a petition for a restraining order. These injunctions may be granted by the county of residence of the petitioner, the county where the violent acts occurred, or the county of residence of the respondent.http://www.womenslaw.org/laws_state_type.php?id=496&state_code=FL#content-13312 If an Injunction for Protection Against Domestic Violence is being filed, assistance is available from the Florida Coalition Against Domestic Violencehttp://www.fcadv.org or the Florida Abuse Hotline at (800) 962-2873http://www.womenslaw.org/gethelp_state_type.php?type_id=1755&state_code=FL.Step 3: File the Petition
Complete the petition and have it notarized. Provide as much information as possible about the qualifying incidents and how to locate the abuser. Wait to sign the petition until in a notary's presence. Once the notarized petition is submitted, you will be issued a temporary injunction that will be in effect for fifteen business days.http://clerkofcourts.co.walton.fl.us/default.aspx?id=17 This gives the sheriff's department time to serve the respondent with a copy of the restraining order and the notice of a hearing. At the hearing, the judge will hear testimony from the involved parties and determine if the restraining order should be continued or dismissed. If continued, the order will remain in effect until any further order is issued by the court.Resources Powered by Google
-
FAQ: How do I get a restraining order?
This is the official website of the Broward County Sheriff's Officesheriff.org
About this page
-
Page Views0
No one is currently managing this page.
If you would like to apply
to be the manager of this page, please request below.
If you would like to apply
to be the manager of this page, please request below.
This page currently has no vertical manager.
