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How to File a Restraining Order in Florida

Domestic violence is on the rise in the United States. Around 1 in 4 women and 1 in 9 men will experience violence at the hands of an intimate partner. In total, that’s about 10 million victims each year. 

If you are being abused by any person, it may be time to file for a restraining order. Domestic violence isn’t the only reason to file this type of injunction, either. A restraining order also serves to protect victims of:

  • Harassment
  • Stalking
  • Cyberstalking
  • Assault

But, how do you file a restraining order? What are the requirements to get one? Below, we have compiled all the information you need.

Making a Visit to the Courthouse

To file your petition, you’ll need to visit the appropriate courthouse. You can file in the county where you live, the county where the abuser lives, or where the abuse took place. 

At the courthouse, you must visit the office of the clerk of the circuit court. They will provide you with the necessary forms to use and instructions on how to submit them. 

You will not need to pay a fee when you file for a restraining order. Once you have filled out the necessary forms, you’ll be ready to move forward with the process.

Submitting Your Petition to the Judge

The clerk will immediately take your forms to be reviewed by the judge. If there is an immediate threat of violence, the judge may issue a temporary injunction. Next, the judge will schedule a hearing in regards to a long-term or final injunction. 

Attending Your Hearing

The final step of the process is the official court hearing. Here, you will need to provide proof of the claims that you made in your initial paperwork. You may have to provide testimony yourself, invite witnesses to come, or offer supporting evidence, like photos of injuries or copies of messages. 

To make sure you are prepared for your hearing, it’s wise to consult with a skilled legal professional that is intimately familiar with Florida laws. At Shrader Law, we can help you to prepare and file your paperwork to seek out a restraining order. Contact the attorneys at Shrader Law by calling 813-360-1529 today. 

Posted in Criminal Defense