Filing A Restraining Order In Florida
Florida law provides for five different orders of protection against violent conduct. The five different orders of protection are, 1) domestic violence 2) repeat violence 3) dating violence 4) sexual violence and 5) stalking. An order of protection is more commonly known as a restraining order. A restraining order is a type of injunction.
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How Long Does The Order Last
A restraining order can be both temporary or permanent.
If the order is temporary, its a short term order. A temporary order aims to protect an individual until there is a subsequent or final hearing. Typically these orders last from five days to two weeks but may last longer depending on the next hearings date.
A permanent restraining order is much longer-term, usually 6-12 months, and sometimes can last indefinitely. This type of order is generally made at trial.
A court can extend an order. You can do this via an application for an extension hearing. The hearing can take place up to 1 year after your first restraining order.
Bail Conditions Or Criminal Orders
- when a person is arrested for violent or threatening crimes, their bail conditions usually state no contact with the complainant
- if the person ignores the conditions, they could have their bail cancelled and spend the rest of their time awaiting trial in jail
- when a person is convicted of a violent offence, the sentence often includes a term of probation
- the probation order often includes a number of conditions
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Get Ready For Your Hearing
This section will tell you how to get ready for your hearing. Read Get Ready for the Restraining Order Court Hearing for more information.
- Take documents that help prove the abuse. Take 2 copies of all documents and filed forms, including the Proof of Service. Some of the documents that can help your case may be:
- Damaged property
- A threatening letter, email or telephone messages.
Do not miss your hearing!If you miss it, the restraining orders will end and you will have to start from the beginning.
Get there 30 minutes early:
Will We Go To Court If I Call The Police
Maybe. If youve been abused and call the police, the police must file a report. A lawyer for the state government, called the prosecutor, may decide to file a criminal charge in court against the person who hurt you. When this happens, the state government brings charges against the person who harmed you. At this point, you can no longer drop the charges, because it is the state government, not you, that has filed the charges. In court, the state will try to prove its case against the person who hurt you.
Types Of Restraining Orders
- when violence or threatening behaviour occurs between family members
- must be a need for immediate protection
- the police can obtain an EPO if they’re investigating a domestic disturbance
- can be used to remove an offender from their home and prevent their return
- you can apply for an EPO from the Provincial Court without notice to the other party
- an EPO must be reviewed by a judge within 9 working days
- a judge can replace an EPO with a Kings Bench protection order
Protection Orders For Domestic Violence And Stalking
Getting protection from domestic violence and stalking is a complex issue, but there is legislation , to protect those who qualify. If you are in urgent need of protection for yourself and/or your children, you may apply for a Protection Order without notice to the respondent.
If you are in urgent need of protection for yourself and/or your children, you can apply for a protection order at a courthouse nearest to you.
To learn more about Domestic Violence and Stalking, visit this page
If you are in immediate danger or urgently fear for your safety, you should call the police for help.
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Restraining Orders At Nj Schools
In the event the plaintiff and defendant attend the same school, the school, generally, must comply with criminal and civil protection orders. If you are the plaintiff of a TRO or FRO, you should provide the school with a copy of the order.
Additionally, you should discuss the protection order with school administrators as soon as you can. A Title IX coordinator may be able to provide helpful information.
When speaking with administrators explain the details of the incident that led to you filing for a restraining order and request that the defendant is removed from classes that you both attend. Depending on the schools policies the defendant may be barred from campus or receive a modified schedule to avoid contact with you.
A defendant in a restraining order should contact a Title IX lawyer and discuss the restraining order with the school. Defendants still have due process rights according to New Jersey state law, Title IX law, and school policies and procedures even if they are in college or high school.
Who Can File For And Be Served A Restraining Order
The Prevention of Domestic Violence Act protects people who are 18 years or older, or who are an emancipated minor, and who have suffered acts of domestic violence at the hands of:
- A current or former spouse
- A current or former household member
- A person with whom the victim has had a dating relationship with
- A person the victim has a child with or is expecting to have a child with in the case of pregnancy
Emancipated minors are people under the age of 18 who fall under the following categories:
- Have been married
- Is declared emancipated by a court or administrative agency
If the abuser is younger than 18 years old and is not emancipated, the case is not considered domestic violence in New Jersey but is rather a juvenile delinquency case.
Parents or guardians of a minor, including family and household members, that are being stalked by anyone can file a complaint for a restraining order in Superior Court based on stalking of a child. There is no requirement for a conviction for a temporary restraining order to be issued by a judge N.J.S.A. § 2C:12-10.2, .
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What If He/she Starts Abusing Me Again After I Stopped/suspended The Non
Whether you live together or not, you are always protected from violence by the Protection Order. Once you’ve got a Protection Order, the non-contact conditions automatically come back into force if you ask the respondent to leave. Remember that the respondent is only allowed contact with your express consent.
Ensure You Get Photocopies Of Everything
A clerks office will normally ask you to bring and provide the original documentation along with two copies of them.
One is for you to keep and the other is for the court. This is different depending on which state youre in too. If you live in California for example, you would have to provide 5 copies for the court.
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When A Restraining Order Is Violated
1. The police can arrest the restrained personIt is a crime to disobey the judges orders. The restrained person can:
2. Talk to your district attorney Ask your local district attorney how he or she will handle your case. The DA may file criminal charges against the restrained person. You can always call the DA for information about a criminal case.
3. File a civil contempt actionYou can file papers in court asking the judge to find the restrained person in contempt of court for violating the restraining orders. The restrained person could be punished with 5 days in jail for each violation of the restraining order.
- Since the restrained person could go to jail, contempt actions are very serious and should only be used as a last resort, if the restrained person will not stop violating the order.
- Contempt cases are very difficult and the restrained person will have the right to a court-appointed lawyer.
- Make sure you have very detailed descriptions of each time the restrained person violated the order, including dates, times, witness statements, police reports, pictures, etc.
- Talk to a lawyer to get help with the contempt paperwork and court process. Click for help finding a lawyer.
Restraining Order In Family Violence Situations
- applies to people whove lived together in a relationship
- obtained in the Court of Kings Bench
- the other party doesnt need to be notified
- a review date is set
- you must be afraid for your physical safety
- you must file a Restraining Order Application form
- isnt used to settle property disputes
- isnt to be used to settle parenting or custody disputes
- there are no filing fees for a restraining order
- you can often get the order within the same day
- the restraining order is usually in place for 3 months or permanently, if necessary
- if you disobey this order, you can be arrested
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Who Can File A Domestic Violence Restraining Order
You may apply for a Domestic Violence Restraining Order if a person has abused you or threatened to abuse you AND you have one of the following relationships with that person:
- You are related within the second degree of affinity or consanguinity. This means: mother or mother-in-law, father or father-in-law, child or stepchild or legally adopted child, grandparent or grandparent-in-law, grandchild or grandchild-in-law, sister or sister-in-law, brother or brother-in-law, stepparent, daughter-in-law or son-in-law. The in-law must be through a current marriage.
IMPORTANT:You can also ask that other family or household members be protected by the Restraining Order.
The person seeking protection is called the protected person. The person you want protection from is called the restrained person.
If there is a divorce, legal separation, or paternity case on file with the Superior Court of California, County of Orange, you do not need to open a Domestic Violence case. You should file your request for restraining orders in the related family law case.
If you do not qualify for a Domestic Violence Restraining Order, there are other kinds of orders. You can ask for:
Contesting Or Responding To A Request To Renew A Restraining Order
The protected person can make a request to the court to extend a restraining order prior to the time in which it expires. You can agree or disagree with the request by filling out and filing with the court a form called Response to Request to Renew Restraining Order .
Have someone at least 18 years old serve the protected person by mail with a copy of the Response. They must complete a Proof of Service by Mail . Bring this form with you to the hearing.
The court will consider your Response at the hearing. You must continue to obey the current restraining order until the hearing. If you do not come to the hearing, the court may renew the order against you for up to 5 years or permanently.
You may wish to talk to a lawyer about your rights.
Enforcing Orders Of Protection In Different States
Domestic violence survivors may move as part of a plan to keep them safe from a former abuser. The Full Faith & Credit Clause of the Constitution and federal law require valid protection orders to be enforced where it’s issued and in all other U.S. states and territories as well. Therefore, if an abuser stalks a victim in his or her new state of residency, the police must uphold the protection order from another state.
What Is A Protection Order Or Restraining Order
Protection orders, often called restraining orders, are meant to keep you safe from a person who is harassing or hurting you. The police can arrest a person who violates a restraining order and charge them with a crime. Depending on the laws in your state, restraining orders may also allow you to have sole custody of children, make an abuser move out of a shared home, and make an abuser pay your court and legal fees.1 Federal law says that you can get a restraining order for free.
You can get more than one type of restraining order at the same time. Laws about restraining orders or other orders of protection are different in each state. Learn more about the laws in your state at WomensLaw.org. Experts in local law will be able to help you the most.
Common types of restraining orders include:
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File Your Court Forms With The Clerk
Once you have filled out all your forms, you have to file them with the court. “File” means that the court clerk will make the order an official part of the court’s record of your case. There is no fee to file your request with the court.You should file in the county where the person you want the restraining order against lives, or the place where any threats or injuries happened. If you have questions on where you should file, talk to a lawyer or your local self-help center.Once you know which county to file in, find out which clerk’s office you need to file at . Every court is different but in most counties you file a Gun Violence Restraining Order in the Civil Division. Ask the self-help center or the court clerk if you are unsure.
If you are deaf, hard-of-hearing, or have another disability, ask for an interpreter or other accommodation. Get more information for persons with disabilities and a form to ask for an accommodation.
How Long Is An Emergency Protective Order Enforceable
Emergency protective orders are intended to be temporary only. The length of time for which they are enforceable varies from state to state. In some states they may stay in place for as little as 5 to 7 days. This is because their purpose is to provide protection from imminent danger until an order with a longer life, such as a temporary restraining order or restraining order, can be put in place. More permanent orders of protection require that both parties have an opportunity to be heard by a judge, in the interest of fairness.
However, since these permanent orders take longer to obtain, EPOs exist to protect victims when there is a serious and immediate need. They are not meant to be used to prevent behavior that is merely annoying. In some states, if weapons are involved, the EPO might last longer, e.g. as much as several months. Courts take EPOs seriously, because they can lead to serious consequences for the respondent, such as the loss of child custody or access to their home.
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When Does The Protection Order Go Into Effect
Protection orders are in effect as soon as they are granted, but cannot be enforced until the respondent has been given a copy of the order. Police or sheriffs will deliver the order to the respondent as soon as they are able to.
The order and its conditions will be stored in a computer registry that all police agencies in Manitoba can access. That way, if you call police for help, they will be able to access and enforce the order.
Once the Protection Order has been served, the respondent has 20 days, unless a judge allows a longer period, to apply to have the order cancelled.
If the respondent applies to have the order cancelled, you will be notified, and given the opportunity to explain to the court why the order should not be cancelled. The respondent will be able to see and listen to the evidence that you gave in your hearing. You may choose to hire a lawyer to help you with this process.
What Is Evidence In A Restraining Order Case
It is recommended to be precise when applying for a restraining order. Documentary evidence in a restraining order case can be
- email and text messages
- medical certificates or copies of medical records
- records from social services or shelters.
Write down all incidents related to the matter as well as times and amounts of the harassment. Keep the messages and other material.
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