# Steps to Applying for a Restraining Order in Florida | GOLDLAW

![restraining order, process, steps, florida, aggressor, judge, review, protection, safety, domestic violence, sexual assault, GOLDLAW, Spencer Kuvin, Michael Kugler](https://goldlaw.com/wp-content/uploads/2024/04/Protection-Order-Signed.jpg)

Applying for a restraining order in Florida involves a specific process. Here’s a breakdown of what’s required:

## **Steps to Apply for a Restraining Order in Florida**

### **1. Determine the type of restraining order Needed. In Florida, there are [five options](https://login.microsoftonline.com:443/fc4c8942-98c2-497c-8142-052ccdb835c3/oauth2/authorize?client%5Fid=00000003%2D0000%2D0ff1%2Dce00%2D000000000000&response%5Fmode=form%5Fpost&response%5Ftype=code%20id%5Ftoken&resource=00000003%2D0000%2D0ff1%2Dce00%2D000000000000&scope=openid&nonce=988B57B15F0F999F5D7B0DE39337E0849EE10E16DFCD8517%2D4A26E79205519ED2C06EA48F2F748D01A6565793F938D966003FF65DAB0C86BA&redirect%5Furi=https%3A%2F%2F800goldlaw1%2Esharepoint%2Ecom%2F%5Fforms%2Fdefault%2Easpx&state=OD0w&claims=%7B%22id%5Ftoken%22%3A%7B%22xms%5Fcc%22%3A%7B%22values%22%3A%5B%22CP1%22%5D%7D%7D%7D&wsucxt=1&cobrandid=11bd8083%2D87e0%2D41b5%2Dbb78%2D0bc43c8a8e8a&client%2Drequest%2Did=e6d902a2%2D50ac%2D1000%2D805a%2Ddd2748ddfd36/):**

- **Domestic Violence:** For victims who have a familial/household relationship with the aggressor.
- **Sexual Violence:** For victims of sexual violence who do not necessarily have a household relationship with the aggressor.
- **Dating Violence:** For individuals who have had a continuing and significant relationship of a romantic or intimate nature with the aggressor.
- **Stalking (including Cyberstalking):** For victims of stalking, regardless of their relationship with the aggressor.
- **Repeat Violence:** Used if there have been two acts of stalking or violence on two different occasions, with one of them occurring in the last six (6) months, from a person who is a non-domestic or non-dating relations such as a neighbor or co-worker.

### **2. File a Petition**

- [Go to the court circuit in your county](https://www.womenslaw.org/laws/fl/restraining-orders/injunctions-protection-against-domestic-violence/steps-getting-3) and request the forms for a protective injunction. This is a ***FREE service!***
- Complete the petition detailing specific incidents of abuse, threats, harassment, or stalking.
  - Be thorough and include dates/descriptions of the events.

### **3. Judge’s Review**

- A judge will review your petition for a Restraining Order in Florida quickly…often the SAME day!
- If the situation involves immediate danger, the judge may grant a [temporary injunction](https://www.flmd.uscourts.gov/local-rules/rule-601-temporary-restraining-order), which typically lasts up to 15 days until a full hearing can be held.

### **4. Service of Process**

- Once the petition for a Restraining Order in Florida is filed, the local sheriff’s office will [serve the respondent with a copy of the petition](https://www.flcourts.gov/Services/Family-Courts/domestic-and-interpersonal-violence/domestic-violence/overview-for-respondents/), notice of the hearing, and any temporary injunction issued by the judge.

### **5. Hearing**

- Both you (the petitioner) and the respondent (the person you are filing against) will have the opportunity to present evidence and testimony at the hearing for a Restraining Order in Florida.
- It is advisable to bring any physical evidence of violence or harassment, such as photographs, texts, emails, and witness testimonies.

### **6. Judge’s Decision**

- After the hearing, the judge will [decide whether to grant a final restraining order](https://www.womenslaw.org/laws/wa/restraining-orders/domestic-violence-orders-protection-dvop/after-hearing/what-factors-will), which can last indefinitely or until modified by the court.

### **7. After the Order is Issued**

- Keep a certified copy of the restraining order with you at ALL times!
- Inform your local police, your employer, and other relevant parties about the restraining order.

Applying for a restraining order in Florida is a structured process designed to protest individuals from domestic, sexual, and other forms of violence. This process ensures that all parties are heard and that a fair decision is made regarding the issuance of a protective order.

The steps, from petition to final judgment, are aimed at providing immediate and long-term safety measures for victims, making the restraining order [a critical tool in safeguarding individuals against threats and violence](https://journals.sagepub.com/doi/10.1177/10778012221120442). By following these steps carefully, victims can effectively secure the legal protection they need.

## **Need Protection?**

Do you or a loved one need a restraining order to be protected against domestic violence or sexual assault? ***“Choose the 2’s,”*** and call **561-222-222**immediately to speak to one of [GOLDLAW’s](https://goldlaw.com/faqs/how-to-file-a-restraining-order-in-florida/) legal experts, or contact us here!

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Source: https://goldlaw.com/faqs/steps-to-applying-for-a-restraining-order-in-florida/