File your petition, which will be forwarded to a judge by the Clerk & Comptroller
You may also need to complete and file other forms, if children and/or support matters are involved.
How is "Violence/Domestic Violence" defined in determining if I have legal rights for protection?
Violence includes any assault, battery, sexual battery, kidnapping, false imprisonment, or stalking by a person against any other person.
Domestic Violence includes situations where you are verbally or physically threatened, so you fear you could be immediately harmed or are in "imminent danger" of becoming a victim; any criminal offense resulting in physical injury or death of one family or household member by another.
How long does the process take?
The court will review your petition and you will receive an answer that day (granting, denying, and/or setting your case for hearing).
Is there a fee for filing an Injunction of Protection?
There is no filing fee for Protection against Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, or stalking/cyberstalking.
What are other steps in the legal process?
As petitioner (the person filing), you will be sworn under oath as to the truthfulness of the allegations of abuse entered on your petition, under the penalty of perjury.
The court will review your petition, and based on the allegations determine to:
Grant a Temporary Injunction, and grant some or all requests
Deny the Petition for Injunction, or
Set the matter for a hearing to determine if an injunction will be entered
If the court grants the injunction:
There will be a hearing on the extension of that injunction generally within 15 days from the date the Temporary Injunction was issued.
The clerk will forward the Temporary Injunction to the Sheriff's office that has jurisdiction over where the respondent may be found.
What are the different types of injunctions (also known as restraining orders)?
Persons involved in sexually lewd acts, including any forcible felonies
The sexual violence must have been reported to a law enforcement agency.
Stalking/Cyberstalking (Florida Statute 748.048)
What if the respondent is outside the State of Florida?
You must provide the following information to the Clerk & Comptroller's office:
Name, address, and phone number of the sheriff's department that has jurisdiction over where the respondent may be found
You must pay for any service fees required by the sheriff outside the state of Florida.
What information is helpful in filing a Petition for Injunction?
Police reports or referral card furnished to you by the law enforcement officer (if any were provided to you)
Driver's license or identification that includes your picture and signature (required)
Specific dates of abuse or threats of abuse
Specific locations where abuse or threats occurred
Mailing address of a friend or relative if you choose to keep your residence address confidential as provided by law
Picture of respondent to provide to Sheriff's Office
You will also need the following information:
Full legal name of respondent (alleged abuser)
Physical description of respondent, including height, weight, scars, date of birth, etc.
Current residence address of respondent, telephone number, driver's license number and social security number, if possible
Respondent's employer and employer's address and phone number, if possible.
Respondent's vehicle information including make, model, color, year and tag number
What is a Petition for Injunction (also known as a Restraining Order)?
An injunction is a court order, sometimes referred to as a Restraining Order, which directs a person not to have contact with you. The individual who files an injunction is called the "petitioner" and the party being filed against is called the called the "respondent".
What will an Injunction for Protection (also known as a restraining order) do for you?
It will legally prevent an alleged abuser (the respondent) from committing any further acts of violence to you or from threatening you, or stalking you.
Depending on the situation, an injunction may:
Restrain the respondent from going to, in or within 500 feet of petitioner's residence, place of employment, place of school, or places you and your family frequent
Provide no contact between the parties, in any manner
Require the respondent to attend counseling, treatment or a batterer's intervention program
Require the respondent not to possess a firearm or to surrender any firearms to law enforcement
Provide you sole possession of a dwelling you and respondent shared
Address awarding temporary custody of any minor child between the parties, visitation of the child, and child support