Free Guide to Florida Restraining Order Filing Steps

What Is a Restraining Order and How It Works in Florida

A restraining order is a court document that tells a person to stop certain behaviors toward you. In Florida, restraining orders are also called injunctions. When a judge signs this order, it becomes law that the other person must follow. If they break the order, they can face serious consequences, including jail time and fines.

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Florida law recognizes several types of restraining orders based on the situation:

• Domestic violence injunctions protect people from harm by an intimate partner, family member, or household member
• Repeat violence injunctions apply when someone has harassed, stalked, cyberstalked, or threatened you more than once
• Dating violence injunctions protect people in dating relationships who experience abuse
• Sexual violence injunctions protect people from someone who has committed sexual assault or battery
• Stalking injunctions protect against repeated following, harassing, or threatening behavior

A restraining order typically requires the other person to stay away from you, your home, your workplace, and your school. The court can also order them not to contact you by phone, email, text, social media, or through another person. The order may also restrict where that person can go or what they can do.

These orders last for different lengths of time. A temporary restraining order (also called an emergency order) may last 15 days. A final injunction can last for several years or even indefinitely, depending on what the judge decides. You may return to court to ask for an extension when the order is about to end.

Practical Takeaway: Understanding which type of restraining order matches your situation is the first step. Write down the specific behaviors or incidents that concern you, as you will need to explain these to the court.

Types of Restraining Orders Available in Florida

Florida's restraining order system offers different paths depending on your situation. Each type has specific rules about who can file and what behavior it covers.

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Domestic Violence Injunctions protect people in intimate relationships. This includes current or former spouses, people living together as a couple, people in a dating relationship, and people who have a child together. The order can prevent the abuser from using force, threats, harassment, stalking, or cyberstalking. It may also address issues like custody of children and use of the home.

Repeat Violence Injunctions protect you from someone who has committed two or more acts of violence, harassment, stalking, cyberstalking, or threats against you within a six-month period. These acts do not need to be related to a dating or family relationship. For example, a neighbor or coworker who repeatedly threatens you could be subject to this type of order.

Dating Violence Injunctions apply specifically to people in dating relationships. Florida law defines dating relationships as relationships where the people involved have been intimate and spend significant time together. This does not require living together or having a child together. The order protects against violence, threats, harassment, stalking, and cyberstalking.

Sexual Violence Injunctions apply when someone has committed a sexual assault or sexual battery against you. You do not need to prove the crime in criminal court first. You only need to show that it happened and that you fear for your safety. These orders can be very broad in their restrictions.

Stalking Injunctions protect you from repeated unwanted contact that causes you fear or emotional distress. Stalking behavior can include following you, watching your home or workplace, sending repeated messages, showing up at places where you are, or sharing your personal information online without permission.

Practical Takeaway: Match your situation to the correct type of order before you file. Look at the definition of each type and the specific acts that led you to seek protection. This matching process will inform how you write your petition.

Step-by-Step Process for Filing a Restraining Order

Filing a restraining order involves several steps that happen in a specific order. Understanding the process helps you know what to expect at each stage.

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Step 1: Gather Information and Documentation Before going to the courthouse, collect any evidence of the behavior you want stopped. This might include text messages, emails, voicemails, photos, medical records showing injuries, police reports, witness statements, or journal entries with dates and descriptions of incidents. Organize these materials chronologically so the judge can see a pattern of behavior.

Step 2: Go to the Courthouse Visit the courthouse in the county where you live or where the other person lives. Find the family law section or the clerk's office that handles injunctions. The clerk can tell you which office handles your type of case. You do not need a lawyer to file, though you may choose to have one. Ask the clerk for the petition form for your type of injunction.

Step 3: Complete the Petition Form The petition is a written request to the court asking for the restraining order. It asks for basic information about you, the other person, and what behaviors you want stopped. Write clear, specific descriptions of incidents. Instead of saying "he is mean," write "on March 15, he sent me 47 text messages threatening to hurt me if I did not answer." Include dates, times, locations, and what happened.

Step 4: File the Petition With the Clerk Give the completed petition to the clerk along with any required copies. In Florida, you typically file the original and one or more copies. Ask the clerk how many copies are needed. There is no filing fee for restraining orders in Florida. The clerk will stamp your copies and give you a receipt showing your case number.

Step 5: Request an Emergency Temporary Order If you are in immediate danger, ask the judge for a temporary restraining order (TRO) that same day or the next business day. This order lasts only 15 days but goes into effect right away without the other person being present in court. You will need to show the judge why you are in immediate danger.

Step 6: Attend the Final Hearing The court will schedule a hearing, usually within 15 days. Both you and the other person can present evidence and testify. The judge will decide whether to grant a final injunction that lasts longer. At this hearing, you will explain to the judge what happened and why you need protection.

Step 7: Serve the Other Person After the temporary order is issued, the other person must be told about it. Law enforcement will deliver copies to them. You must follow the court's instructions about how this happens. If you later get a final order, the other person must be served again.

Practical Takeaway: Create a timeline of incidents with specific dates and details. This document will help you fill out the petition accurately and remember important facts when you talk to the judge.

Required Documents and How to Obtain Them

Filing a restraining order requires certain documents. Some you prepare yourself, and others you may need to gather from other sources.

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The Petition Form is the main document. Your county courthouse has specific forms for each type of injunction. These forms are available at the clerk's office, and many Florida counties make them available online. The petition asks for your name, address, phone number, and the name and address of the person you want the order against. It has space to describe what that person did and why you fear for your safety. You sign the petition under oath, which means you promise the information is true.

Supporting Documents help prove your case to the judge. These are not required to file, but they make your case stronger. Photographs of injuries, property damage, or locations are powerful evidence. Text messages, emails, social media posts, and voicemail transcripts show what the other person said and did. Medical records from doctors or emergency rooms document injuries. Police reports show that law enforcement investigated incidents. Witness statements from people who saw what happened can support your story. Your own written records with dates, times, and details of what happened are also useful.

Proof of Service Documents show that the other person was notified about the order. After the court issues a temporary order, law enforcement serves these documents on the other