Likewise, if you believe you are being stalked, then you must provide evidence of that occurring and show you there was no legitimate reason for the stalking and you have been emotionally distressed due to the harmful acts.
You can also seek protection on behalf of a minor child if you fear for their safety as well.
If you are looking for how to file a restraining order or injunction, you need an experienced attorney on your side. To speak privately to experienced lawyers near you for a restraining order, call 561-576-9680 for a free case evaluation.
On your day in court, as the petitioner, you will have to establish that the respondent is a threat to you or your children, that they have committed violence against you, are stalking you, or committed some act of dating or sexual violence. Former prosecutor and restraining order lawyer Matt Shafran has represented countless individuals in restraining order cases and has the qualifications and experience to fight for your protection. He used to fight for the State of Florida, protecting victims of crimes.
How To File A Restraining Order In Florida
To retain an injunction attorney near you with courtroom experience, contact the Weinstein Legal Team today at 561-576-9680. We will help you get the restraining order you deserve and need for your own protection.
Hire A Former Prosecutor And Trial Attorney
When filing for a restraining order near Orlando, West Palm Beach, or Fort Lauderdale, you must be represented by an experienced and competent attorney throughout the process. This way, you ensure that all legal criteria for the filing process are properly fulfilled.
Restraining Order Frequently Asked Questions
If you are looking to file a restraining order in Florida, you likely have many questions. The Weinstein Legal Team is here to help you each step of the way with the most in-depth legal assistance regarding restraining order cases. Below is a list of questions we hear most frequently.
Question: Who can file a restraining order?
Answer: As an adult, you may file a restraining order against any person who has caused you physical harm or has threatened to cause you physical harm, or you may file a restraining order for harassment/stalking/cyberstalking. Additionally, if you are the legal guardian of a child or an adult with disabilities, you may file a restraining order in Florida on their behalf. Restraining orders are typically filed against individuals with whom you have a relationship. These individuals include:
- Spouses and former spouses
- Current and former romantic partners, including individuals you are or were engaged to
- Relatives, including parents, children, stepparents and stepchildren, cousins, siblings, aunts, uncles, and more
- Current or former roommates
- The co-parent of your child
While these are the most common scenarios, you may still file restraining orders against other individuals.
Question: How do I get a restraining order? What are restraining order requirements?
Answer: To get a restraining order, you must file a legal petition with the county court. It must be the county where you legally reside, not the county where the individual you are filing a petition against resides. There are different types of restraining orders or injunctions, and you must complete the petition for the correct type. For this reason, speaking with an attorney is the best route to take to ensure that there are no errors or delays when you are filing.
When you submit your petition for an injunction, you will also submit any proof that you have of the abuse, harassment, or stalking. This proof may include police and medical reports, phone records, and more. Once you file your petition the offending party will be notified by the Sheriff and the courts will set a date for an official hearing. At your hearing, a judge will make the determination of whether or not to grant a temporary restraining order, which will take effect for 15 days until another hearing is held to determine whether the order of protection will become long term.
Question: How does an injunction work?
Answer: An injunction or restraining order in Florida provides you with legal protection against a person who has harmed you, is threatening to harm you or is stalking or harassing you. Depending on the circumstances of your unique case, a judge may grant several various provisions for your protection. These include:
- Ordering that the individual remain a specified distance away from you at all times, including your home, place of work, car, or venues you frequent such as a club or gym
- Ordering the individual to find another residence if they are currently living with you
- Ordering the individual to undergo therapy or counseling
- Mandating the individual turn in their weapons or firearms
- Ordering the individual to also stay away from and cease contact with your children, other family members, or current romantic partner
If an individual violates these stipulations while an injunction is in place, law enforcement may arrest them and they may face time in jail until a further court hearing.
What Is A Restraining Order vs An Injunction?
People often use the terms injunction and restraining order interchangeably. In the state of Florida, the official legal term is an “injunction for protection.” When people talk about how to fight a restraining order, they are referring to the term injunction. You may also hear the term “order of protection,” which also refers to an injunction.
Are there different types of restraining orders?
Yes, there are several different types of injunctions, which is why it is imperative that you hire an attorney who is well versed in this area. You must file a petition for the correct type of injunction or else you may face delays in court. In the state of Florida, you may file for the following types of injunctions:
- Domestic Violence Injunction. If you are filing a restraining order against a family member or a person you live with, this is the type of petition you will file.
- Sexual Violence Injunction. If you are filing an injunction against an individual who commits a sexual offense or commits a sexual offense against a child, this is the type of injunction you will file.
- Dating Violence Injunction. If you do not live with your romantic partner, have been dating them for at least six months, and require protection, you may file this type of injunction.
- Repeat Violence Injunction. You do not need to be related to or in a romantic relationship with a person to file a restraining order in Florida. You may file a restraining order for harassment, stalking, violence, or threats of violence against co-workers, neighbors, and acquaintances with a repeat violence injunction.
- Stalking Injunction. If you are being stalked, restraining order requirements for a stalking injunction state that there must be two separate stalking incidents by the same person, as outlined in Florida Statute 784.048.
- Exploitation of a Vulnerable Adult Injunction. If you are legally responsible for a vulnerable adult, such as an elderly person or a person with a disability, you will need to file this type of injunction.
It may be challenging to know what type of injunction to file. For this reason, you must contact an attorney.
How much does a restraining order cost?
If you are seeking to hire the services of an experienced and qualified attorney, there is a fee to represent you. This is specific to each circumstance based on what you are seeking, the stage in the process you are at the time of the consultation, and how complex the issues may be. As always, consult with an experienced restraining order attorney to determine what options are available to you.
Where do I have to go to file a restraining order?
You or your lawyer must file the documents with the local county courthouse in the county where you reside.
How long does a restraining order take?
It does not take long to get a restraining order. Once you file your petition with the court, and the judge reviews the restraining order requirements to ensure they are met, you may receive a temporary injunction as soon as the next day. That injunction typically lasts for two weeks until the courts set up an official hearing.
How are injunctions enforced?
After filing a restraining order, you will likely feel relieved, yet still want to know what the courts are doing to protect you. A sheriff's officer will inform the opposing party that there is an injunction in place against them and inform them of the stipulations and rules the judge has set forth. If the person violates any of these rules, you may contact the authorities to have that person arrested.
Do I need a restraining order lawyer?
While it is not a legal requirement that you hire a lawyer to represent you when filing a restraining order, it is in your best interest to do so. A restraining order attorney will review all of the necessary injunction requirements, ensure they are met, guide you on what evidence to collect and present, and ensure that you file for the right type of injunction. Additionally, your lawyer will represent you in court. There will be a court hearing where the opposing party is present, and they are likely to have an attorney. For the best outcome, you will want to have a lawyer on your side as well.
Can a restraining order be denied? Why?
Unfortunately, a judge may choose to deny a restraining order. It may be a matter of technicality, where the opposing party does not meet restraining order requirements for the specific type of injunction you file. If this is the case, you can still start over and file for the proper kind. Or, there may not be enough evidence for a judge to grant an injunction. A judge must explain why they are denying your petition for a restraining order, which may help you understand what evidence you need to collect in order to try again. You do have the right to appeal the decision of a judge in regard to a restraining order.
How Judges Determine Whether to Grant a Restraining Order
Restraining order requirements outline what specific things a judge must examine when determining whether to grant a petition for an injunction. In the state of Florida, a judge will look at evidence such as police reports and medical reports, whether or not the opposing party has physically hurt you, what your relationship history looks like, whether you are the victim of harassment or threats, whether the opposing party has put your family or children in danger, and more.
Additionally, a judge will consider the opposing party's criminal history. Do they have a history of violence or stalking? Have they spent time in jail previously? Or, have they caused physical damage to your home or personal property, or hurt your pets? All of these things are taken into consideration. The more evidence you have to support your claim that the opposing party is dangerous, the better your chances of being granted a restraining order. An experienced attorney will guide you through the process of collecting evidence, such as phone bills, emails, eyewitness testimony, and more.
How to File a Restraining Order in Florida
If you are filing a restraining order in Florida, do not face the courts alone. Your first step should always be to consult with an attorney. They will advise you on what type of injunction you must file a petition for, what evidence to present with the injunction, and represent you throughout the entirety of your case. Your consultation is free, and an attorney can explain how they can help and inform you of the fees involved in taking on your case.
At all court hearings, your attorney will present the facts of your case, building an argument that proves you need legal protection from the opposing party or restrained person. It is important to know that even with an attorney, you will still need to appear in front of a judge. However, your attorney may be able to do much of the speaking on your behalf. This can alleviate a significant amount of stress, fear, and anxiety.
