How to Get (or Fight) an Injunction or Restraining Order
How to Get an Injunction in Florida:
Fill out the proper paperwork at the Courthouse
Submit your application (called a “petition”)
Judge reviews your petition and MAY award you a temporary injunction
Service of process
How to Get a Restraining Order in Florida
In Orlando, you need to visit the Orange County Clerk of Courts for the application packet, which is available either online here (http://myorangeclerk.com/enu/pages/court-services/injunctions.aspx) or in person at the Courthouse on the 3rd floor.
In Seminole, information on injunctions can be found here (http://www.seminolesheriff.org/external/InfoSitepage.aspx?pageID=174) and you can apply in person at the Clerk of Court.
In Osceola, information on injunctions can be found here (http://www.osceolaclerk.com/Injunction_for_Protection.html). You apply in person at the Osceola County Clerk / Courthouse or call (407) 847-8562 for assistance.
You must properly fill out the application and submit it for judicial review. You must read the language of the petition carefully. Answer the questions as best you can, providing all the necessary elements for the type of injunction (link here to types of injunctions page) you are seeking. What may qualify for a stalking injunction may not qualify for a repeat violence injunction – so pay attention to the type that fits your situation best.
Once you fill out the application and file your petition, a judge will consider whether or not to give you what is called an ex parte temporary injunction. If so, the other party will be enjoined from doing certain things (like coming within 500 feet of you or contacting you). This may mean, however, that the other person has to move out right away if you are living together. The judge may allow him or her to return to the home once to gather their things. If you are granted a temporary order, it will stay in place until modified or a final hearing is held on the matter. A temporary injunction is only valid up to fifteen (15) days. The judge must grant this when there appears to be an “immediate and present danger of violence.” There does not need to be anything more than your word – no police reports, no photos, no injuries or any other supporting evidence is necessary.
The other party (the Respondent) in the case must be provided service of process so they know what is going on and when the final hearing will take place. Service of process is usually done through the local sheriff’s office.
The final hearing must take place within fifteen (15) of any temporary injunction that may have been awarded. During the hearing, all relevant evidence will be heard and the judge will decide if a final injunction (also known as a permanent injunction) should be granted. Technically, no supporting evidence is necessary. Photos, other witnesses, cell phone records, police reports, text messages, e-mails, and FaceBook messages are all helpful, but not critical to get an injunction granted. The Petitioner must present to the judge competent, substantial evidence of what they are alleging.
Call out office at 407-344-4837 if you would like to discuss your case with us free of charge.