How do I file a restraining order in Broward County, Florida?
Asked in Fort Lauderdale, FL on February 20, 2024 Last answered on February 5, 20262 answers
To obtain a restraining order (called an "injunction for protection" in Florida), go to the County Courthouse and file a petition with the clerk's office. Florida offers injunctions for domestic violence, repeat violence, sexual violence, dating violence, and stalking — you'll need to select the appropriate type. The petition requires you to describe the specific incidents that make you fear for your safety. A judge will review the petition, often the same day, and may issue a temporary injunction. A hearing is then scheduled (usually within 15 days) where both parties can present evidence, and the judge decides whether to issue a permanent injunction. You don't need an attorney to file, but if the respondent contests it, having legal representation at the hearing significantly improves your chances of success.
In Florida, restraining orders are called injunctions. In any county in the state you can file a Peitition for Injunction at the Clerk of Court's Office. You have to file the petition yourself, though you can hire an attorney that handles these types of cases to help you fill out the petition and the narrative to support the petition. Once the petition is filed, the Judge will review it and determine, based on the information you put in the peitition, if there a sufficient basis to grant a Tempoary Injuction, which is just that, a temporary one until the matter can be heard by the Court at a hearing where both sides can present evidence and the Judge determines if the injunction should be denied or if it should be entered for a certian period of time or permanently. If the judge reviews your petition and finds that there is not a sufficient legal basis to grant a temporary injunction, the Court will still set that matter for a hearing where you can present evidence explaining to the Judge why they should grant the injunction.
Hope this helps.
Sincerely,
D. Scott Monroe, Esq.
Monroe Law Firm
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