FLORIDA : Restraining Order & Order of Protection Information
TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS
Under Florida law, domestic violence means any:
Injunctions for Protection against Domestic Violence protect you against family or household members. You can file a petition for an Injunction for Protection against Domestic Violence if your abuser is:
Note: You can file for an Injunction for Protection Against Domestic Violence after just one violent occurrence. Additionally, same-sex couples can utilize the "any person who lives or has lived with you" clause to file for a protective order.
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Temporary (ex parte) Injunctions
The Temporary or ex parte Injunction is a court order designed to provide you and your family members with immediate protection from your abuser. As soon as you file your petition for Protection against Domestic Violence, the clerk will give your petition to the judge. The judge will decide if you need immediate protection based only on the information in your petition. You will not have to testify and your abuser does not need to be present. If the judge decides that you need immediate protection, s/he will issue a Temporary Injunction against Domestic Violence.
Because the information in your petition is the only evidence that the judge will consider, you need to carefully fill out your petition to show the judge why you need immediate protection.
The Temporary Injunction takes effect as soon as the abuser has a copy of the order. This is called giving the abuser notice or having the abuser served with process. The clerk of court will explain the "notice" or "service" process to you.
The Temporary Injunction stays in effect for a certain number of days, but won't last longer than 15 days. Before the fixed time period ends, there will be a full hearing to decide whether to give you a Final Injunction. The date for the full hearing will be set at the same time the judge makes the decision about the Temporary Injunction. The Temporary Injunction will last until the full hearing takes place.
Final Injunctions
At the full hearing, the judge will decide whether to give you a Final Injunction. The order of Final Injunction protects you like the Temporary Injunction does, but it will last longer than 15 days and may provide you with more protection than the Temporary Injunction did. The Final Injunction may have a set period of time that it will be in effect (for example, one year) or it may not have an expiration date. The judge will decide how long the Injunction will last and how much protection you need based on the facts of your case.
If the order of Final Injunction does not say when it will end, the Injunction will remain in effect unless a judge modifies (changes) or dissolves (gets rid of) it. If the Final Injunction has an expiration date, it will stay in effect until that date unless it is dissolved or modified by the court before that date.
This means that neither you nor the abuser can decide on your own to change or get rid of the Injunction. However, at any time either you or the abuser may ask the court to modify or dissolve the Injunction. You must remember that before any change can be made to the Final Injunction the court must agree to the change.
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An Injunction for Protection against Domestic Violence can do more than protect you and your children. It may:
A judge will decide which of the above orders he/she thinks is best for you
If you ever call the police to report domestic violence, the law requires any officers to tell you about your legal rights and to provide you with info regarding any help available to you. The police also must help you get medical assistance if required. They also will tell you how to contact your local domestic violence center for additional help.
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There is no fee for filing an Injunction for Protection against Domestic Violence in Florida. If you choose, you can represent yourself pro se (without a lawyer) throughout the process of seeking an injunction. Although you do not need legal counsel to file for one, it may be to your advantage to seek representation, especially if your abuser has obtained a lawyer, and/or when child custody issues are at stake.
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Call the police right away. Tell the police that you have an Injunction for Protection Against Domestic Violence. Always keep a copy of the injunction on you because, in these situations, you must show it to the police when they arrive. After the abuser is arrested, s/he will be in jail until the court determines bail. In considering the abuser's case, the court will consider your safety and the safety of your children. You may go to court if you wish, but it is not necessary.
If the Injunction is violated but the abuser is not arrested, report the violation to the Clerk's office in the courthouse where the violation occurred. The Clerk will help you take the appropriate steps to enforce your Injunction. In enforcing the Injunction, the judge will consider your safety and the safety of your children.
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