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:

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 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, 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, 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, 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. 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 legal experts, or contact us here!