If You Need a Restraining Order, Start Here
Every person deserves to live a life that is free of violence, but unfortunately that doesn’t always happen. If you are a victim of any type of violence like physical battery, sexual battery, or assault, you have the right to ask the court for legal protection. Protection is given by the court in the form of a restraining order that forbids the person accused of violence from coming within a certain distance of you or communicating with you. If you need to obtain a restraining order for the sake of your own safety, here is what you should know.
First, File for an Injunction
The first step to obtaining a restraining order is filing for an injunction at the Clerk of Court’s Office in your local area in Florida. When you file, a staff member will help you properly prepare your documents. This is the initial opportunity for you to share all of the details of your situation and, if you can, prove that you have been assaulted. Police reports, cards, letters, notes, timelines of events, and voicemail recordings can all be used to prove the actions of the person that has assaulted you. After you gather all of your information and submit your injunction papers, a judge will review to determine if you are in immediate danger.
Second, Receive a Temporary Injunction
If the judge decides that your situation places you in danger, he or she will order a temporary injunction. This means that for up to 15 days, you will be granted a restraining order from the person who assaulted you. A process server will personally deliver a copy of the order to the defendant to make him or her aware of the proceedings. Since there might be a delay or hours or days between the time that the judge approves the temporary injunction and the time that the defendant is served papers, it’s important to keep your copy of the papers with you at all times as proof of the injunction.
As soon as the judge signs your temporary injection, your abuser is legally required to stop all acts of violence toward you and immediately cease all contact with you. The abuser must also stay away from the places that you spend time, like home, school, work, and homes of family members and friends. If the abuser lives in your home, he or she is forced to leave the home and, if children are involved, render all custody to you.
Third, Wait for a Hearing
A hearing will then be scheduled to determine if the temporary injunction should be made permanent. You and the defendant will each have an opportunity to state your case. This can be a difficult and emotional experience, so be sure to bring friends and family members for moral support.