How To Get A Restraining Order In Florida

A Florida restraining order, also called a protective injunction, is a legal document designed to safeguard a person against harm or harassment from another. This court-issued order mandates that the respondent refrain from any form of contact with the protected person, whether in person or through other digital means. Various statutes delineate the circumstances under which such orders may be granted. For example, according to Fla. Stat. § 914.24, a restraining order can be issued to protect victims or witnesses in criminal cases from being harassed.

In Florida, the civil courts process and issue restraining orders. Consequently, one can typically locate a restraining order within Florida civil court records.

Types Of Restraining Orders in Florida

Breaching a restraining order in Florida can lead to a spectrum of repercussions, from minor to severe, contingent upon the specific circumstances and applicable laws. In Florida, these orders include:

• Restraining Order for Stalking: A stalking restraining order is generally issued when the individual seeking protection has experienced stalking, unwarranted following, or harassment by the alleged offender. This order encompasses both physical and online stalking incidents.
• Restraining Order for Domestic Violence: This injunction is aimed at prohibiting a family member or someone closely related to the petitioner from inflicting harm, particularly physical harm. It is established under Fla. Stat. § 741.30.
• Restraining Order for Dating Violence: This order restricts an individual who has either inflicted or poses a threat of harm to the petitioner. In this case, the petitioner is someone with whom the respondent has been in a romantic relationship lasting for a while, involving a sexual commitment, or harboring some emotional expectations.
• Restraining Order for Sexual Violence: This order prevents an individual who has perpetrated any sexual offenses defined by law from approaching the petitioner. Relevant offenses are specified in Fla. Stat. § 794.011, Fla. Stat. ch. 800, and Fla. Stat. ch. 827
• Restraining Order for Repeat Violence: This type of order applies to individuals who are not related, such as colleagues or neighbors, who have threatened, harassed, or inflicted harm on the protected person on multiple occasions (Fla. Stat. § 784.046(1)(a))

Are Restraining Orders Public Records In Florida?

Yes. Under Florida Rule of General Practice & Judicial Administration 2.420, court records are classified as public documents. Restraining orders are civil court documents, which means that once they are filed, they become accessible to the general public.

However, certain limitations govern the information that the public can access within these documents. Exempt details include sensitive personal data, minors' identities, and any other information deemed confidential by the court. Still, individuals possessing a court order or who are parties to the case may be exempt from these limitations.

How To Look Up Restraining Orders In Florida

Restraining orders can be accessed through several methods, as outlined below:

In Person

Many courts in Florida permit walk-in searches, allowing individuals to visit the courthouse during working hours to conduct inquiries. Requesters can ask the clerk responsible for filing cases or utilize a public terminal computer (if available) to explore the court's cases.

Moreover, despite being a civil case record, a restraining order may be found at law enforcement agencies, as these orders are usually served by the Office of the Sheriff.

Mail

Mail inquiries can be sent to the Office of the Court Clerk in the county where the case was filed. Usually, requesters will need to specify a party name or case number to allow staff to find the case and return copies.

Online

Another option is to utilize online resources, which include court-run or third-party websites. Most county courts maintain online databases of cases filed, and the general public can usually access these databases directly from the court's webpage or the Clerk of Court's site, using the search tools provided. For instance, individuals can employ the case search tool offered by the Clerk of Courts and Comptroller to locate a restraining order

Additionally, there are several third-party options available for accessing restraining orders. Users can choose and visit the site that best meets their needs

Can You Look Up a Restraining Order Online?

Individuals can potentially locate restraining orders through the judiciary's case management systems. However, the available information may consist only of summaries, making it challenging to find specific details, particularly for sensitive probate issues. Nevertheless, it remains a worthwhile option to investigate.

Additionally, third-party websites may be considered. While these sites are not government-affiliated, they can serve as valuable resources for those seeking remote access to restraining orders issued in Florida. Many of these platforms often offer state-wide and even national records, with the added advantage of allowing users to refine their search to a specific county.

How To File A Restraining Order In Florida

Individuals who want to file a restraining order can follow the steps outlined below:

Step 1: Seek Guidance

It is essential to consult with either an attorney or the court clerk for advice, though this is not mandatory. Please note that the advice one gets from a court clerk does not equate to legal guidance

Step 2: Identify the Appropriate Restraining Order

Florida has various restraining orders available, so it is crucial to determine the specific type applicable to the situation. A list of eligibility criteria for each restraining order can be found on the Florida court website.

Step 3: Obtain and Complete the Correct Form

Forms for various types of injunctions are usually accessible at the courthouse. One can visit the court and inquire with the clerk, or these forms can also be downloaded from the Florida Courts webpage. Upon receiving the correct form, the petitioner is required to fill it out thoroughly, including as many details as possible.

Step 4: File the Petition

Once the form is completed, the next step is to submit the petition to the court. The petition will be forwarded to a judge, who will decide whether the petitioner requires a temporary injunction based on the case's severity. This injunction will be valid until a hearing, which typically occurs no later than 15 days after filing. If the situation is not serious, a temporary injunction will not be issued.

Step 5: Serve the Papers

As is customary with most complaints, a copy of the petition will be delivered to the defendant. This is usually carried out in person by a Sheriff or law enforcement officer. If the respondent is unavailable, the petition may be sent by mail. The document will include the date of the hearing when both parties are required to appear in court.

Step 6: Attend the Hearing

Both the petitioner and the respondent must attend court on the designated hearing date. Each party will have the opportunity to present their arguments and evidence. The judge will then decide whether to grant the restraining order and any other relevant rulings based on the specifics of the case. If the respondent fails to appear, the case may be dismissed, while if the defendant is absent, the judge may issue a default judgment

Can You File A Restraining Order For No Reason In Florida?

No. There is a set of eligibility criteria that must be met to file a restraining order in the state. Without meeting these requirements, an individual cannot simply opt to submit a complaint. Additionally, for the case to be considered valid and effective, the petitioner must present credible evidence supporting their claims.

What Proof Do You Need For A Restraining Order In Florida?

In general, to obtain a restraining order, an individual must demonstrate that there is reasonable cause to believe they are at risk of harm or harassment from another person. This often necessitates the petitioner to provide substantial evidence to support their claim, which may include:

• Evidence: This comprises videos, audio recordings, text messages, emails, notes, letters, and photographs
• Eyewitnesses: A signed witness statement can be submitted, or the witness may appear in person to provide their testimony.
• Court Documents: This may include copies of relevant legal documents, such as divorce filings, custody agreements, or prior restraining orders
• Reports: These could consist of police reports, recordings of 911 calls, or medical documentation

If the evidence convincingly indicates that the petitioner is in immediate danger, a temporary injunction may be granted. Otherwise, the determination regarding a permanent restraining order will be made following the hearing.

How Long Does It Take To Get A Restraining Order In Florida?

The time it takes to obtain a restraining order in Florida varies based on the type needed. If there is concrete evidence indicating imminent danger, an individual who has been abused may receive a temporary restraining order on the same day the petition is submitted. However, the petitioner must wait for the scheduled hearing date, which is usually set for 15 days after the petition is filed, to get a permanent one.

How Long Does A Restraining Order Last In Florida?

Typically, a temporary injunction remains in effect for 15 days, which is the waiting period before a hearing is held. In contrast, final or permanent restraining orders can last for one, two, or three years, or even indefinitely. In Florida, individuals can obtain either a temporary (emergency) order or a final (permanent) order. The length of a permanent order is determined by the evidence presented, the seriousness of the situation, and the judge's ruling.

Furthermore, the duration of a restraining order can be extended if the victim submits a petition for extension and it is approved. To make this happen, the petitioner must provide substantial reasons and supporting evidence for the request, and it must be filed before the initial order expires.

How Much Does A Restraining Order Cost in Florida?

Customarily, all restraining orders in Florida are free of charge; petitioners do not need to pay any fees for filing or serving the order. However, if the defendant is located outside of Florida, there may be costs associated with serving the order. Additionally, if the petitioner chooses to hire legal representation, they will likely incur fees for those services.

If certified copies of the order are required, the individual may also be subject to a fee for obtaining them.

Can You Cancel A Restraining Order In Florida?

To alter any existing restraining order, including its cancellation, it is necessary to file a petition with the court, as only the state has the authority to approve, extend, or revoke such orders (Fla. Fam. L. R. P. 12.610(c)(4)(B), Fla. R. of C. P 1.610).

The initial step in seeking the cancellation of an injunction is to submit the petition. The petitioner must complete and file the designated form with the court. Following this, the court will schedule a hearing where both parties are required to attend. To have the petition approved, the petitioner has to demonstrate a significant change in circumstances, supported by compelling evidence that justifies the termination of the restraining order. If the judge finds the petitioner's argument persuasive, the order may be cancelled; otherwise, it will remain in effect.

Additional information on the process of petitioning for the cancellation of a restraining order can be found online through the Florida courts' resources.