The judge only reviews the petition for the legal sufficiency of the allegations. Essentially, this means the judge assumes that everything in the petition is true. The “Petitioner” is the individual requesting the injunction and the “Respondent” is who the injunction would be against. The Petition for Protection is simply the allegations. Domestic violence restraining orders are given a priority and are usually reviewed by a judge within a couple of hours. The first step in getting an injunction is to file a Petition. This article describes who can file an injunction, what type of allegations are required and the standard of proof for a final injunction. This is an older article by the Florida Bar, but is still a good resource on Florida domestic violence law. For more information on the different types of Florida Restraining Orders, click on this link: Florida’s Four Orders of Protection Against Violence. The relationship of the parties typically dictates what type of petition is filed. There is no cost to file a restraining order. The party filing the injunction is known as the “petitioner.” The petitioner must determine what type of injunction should be requested. Restraining orders are filed at the clerk of the court. All solicitor are heard by the circuit court. An order of protection is more commonly known as a “restraining order.” A restraining order is a type of injunction. It also has the authority to prohibit or allow contact with the parties minor children.5 Types of Restraining Orders In Florida Filing a Restraining Order in Floridaįlorida law provides for five (5) different orders of protection against violent conduct. The five (5) different orders of protection are, 1) domestic violence 2) repeat violence 3) dating violence 4) sexual violence and 5) stalking. Note that the court also has the authority to award temporary child support and alimony, and temporary exclusive use of the home. Violation of a domestic violence restraining order is serious-it is a criminal offense. it didn't happen, or self defense etc) Sometimes the court will deny the petition for an ex parte restraining order but still set a hearing where both sides (and witnesses) appear to tell what happened. The court will then set a hearing where the other side may come to court with any defense that they may wish to give. If the judge feels the matter rises to the level of domestic violence under the law, a restraining order may be immediately issued. (check with your local court clerk or the police for the procedure in your area) The clerk will present the matter to the judge. Usually one must make a police report and bring the report or the police case number to the domestic violence clerk at the courthouse. Violence, an attempt at violence or a threat of bodily harm may enable you to obtain a restraining order initially without the other party having an opportunity to come to court to explain their side of the story. So the domestic violence restraining order could mean that the offending party has to leave the home.
Normally the domestic violence restraining order requires the offending party to stay away from the other person and their home and place of work etc, and not contact them in any manner, directly or indirectly. If there is domestic violence in Florida one can seek an "Ex Parte" restraining order.
Call 1-80 for immediate domestic violence information