How to File a Restraining Order in Florida

File a Restraining Order How to File a Restraining Order in Florida

Easily File a Restraining Order in Florida Without a Lawyer

Anyone who feels threatened by another person due to violence, stalking, or harassment may be entitled to a restraining order. However, getting a restraining order in Florida isn't as simple as requesting it from the court. Not everyone who applies gets the piece of paper proving the other party needs to stay away.

DoNotPay can help you file the appropriate paperwork to get your order approved. We understand the delicate mindset you may be in at the time of requesting such a measure and want to help you achieve what you need to feel safe.

Who Can Get a Florida Restraining Order, and How Does One Work?

Restraining orders are not given to just anyone. You are typically awarded one if:

  1. You experienced domestic violence.
  2. You experienced a sexual assault.
  3. You have been stalked.
  4. You have been harassed.

A restraining order is a written notice indicating that a person must stay away from the party in question. There is to be no contact and they cannot come within so many feet of you if you are awarded this order of protection.

How Much Does One Cost?

The cost of a Florida restraining order is free. However, you may pay for a lawyer if you hope to strengthen your case for getting the order approved. Not every order is approved by the court until there is sufficient evidence that one is needed for your safety.

What Proof Do I Need?

You cannot simply say you need a restraining order against another person. You need to show proof that the person in question did in fact cause you some sort of harm or distress. You may need to show:

  • Medical records indicating an injury or trauma to the body
  • Photo evidence of any injuries or wounds
  • A police report indicating a crime occurred
  • A written statement from a witness

Florida Restraining Order Laws

Every state has its own laws pertaining to restraining orders. Whether you're in Texas, California, Florida, or elsewhere, you need to know the correct laws to ensure you're filing appropriately and have a better chance of being awarded the order you're looking for.

In Florida, all orders of protection must be filed through the clerk of court. The relationship between the petitioner and the accused party needs to be established to determine the right type of order to file.

Obtain a Florida Restraining Order on Your Own

To obtain a Florida restraining order, you must first determine the type you require. There are four types to consider:

Domestic violenceThe two parties living together or having a child together.
Sexual violenceThis applies to any type of sexual abuse.
Dating violenceThe two parties have no children in common and have never lived together, but were dating at some point within the past 6 months of the order's date.
Repeat violenceYou have made more than one report against a person, whether it's a neighbor, acquaintance, or unknown person. This is often used for stalking or harassment claims.

Next, file the appropriate petition in court. Include the offending party's contact information if you have it, or at least offer a physical description of the perpetrator. You will then need to write out a paragraph or more describing the situation that took place and why you are requesting the order.

You may be awarded a temporary order if your description is detailed and believable. The order is often put in place for 15 days until a court hearing can be established. You should gather any and all evidence necessary to prove your case in court. If you win your case, the judge will grant a restraining order for a certain duration of time. This timeframe always varies and can apply for a short while, or for life. It is up to the judge's discretion each time and is often based on the severity of the offense.

Who Serves Florida Restraining Orders After They're Granted?

The Florida police department is often responsible for serving the restraining order to the offending party. They will be told to stay away from you and not to contact you in any way. If the person breaks the order, they can be arrested.

Get a Florida Restraining Order With DoNotPay's Help

The process of obtaining a restraining order in Florida isn't always straightforward. Let DoNotPay assist you through it so you have a better chance of getting the order granted promptly. We will help you find the appropriate forms to file so you can begin the process shortly.

  1. Search for relationship protection on DoNotPay.

     

  2. Answer a few easy questions on our File a Restraining Order product.

     

  3. Submit the form and you’re done!

     

What Else  Can DoNotPay Help Me Accomplish?

DoNotPay can help you with many legal processes you're attempting to complete. Whether you need to sue someone in small claims court or obtain legal documents, we're here to guide you through it. We'll help obtain:

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