How to Obtain a Restraining Order

I am trying to get an injunction.

If you are the petitioner in an injunction matter, you are the one asking the court for an order of protection. This order legally protects you from the respondent. If the respondent violates the court’s order, they can go to jail!

The first step in getting an injunction is by going down to your local courthouse and filling out an application for injunction. The courthouse staff should be able to help you do that. There are several different kinds of injunctions available and you will need to learn which one applies to you. To make the process easier, each of the links below has a brief explanation on each kind of injunction.

Once you submit your packet/petition, a judge will review it. One of three things will then happen:

  1. The judge can deny your petition and not grant you a final hearing. The case is then over.
  2. The judge can deny your petition, but grant you a final hearing.  This is not bad.  But you should really get a lawyer at this point because are at a disadvantage.
  3. The judge can grant your petition and grant you a final hearing. This is the best case scenario.

If you are granted a final hearing, that will be the day a judge will need to hear from you personally as the petitioner. If you do not show up, your case will be dismissed. There will be no consequences or ramifications if you do not show up. You will not be in trouble with the court and you can always file a new injunction in the future if you need protection.

If you do show up, the judge will want to know if you wish to proceed. If you had a change of heart, you can ask the judge to dismiss the injunction. Sometimes, you will be able to talk to the attorney for the respondent and reach some kind of agreement before the hearing. But if you wish to proceed in trying to get the injunction, the judge will then ask the respondent if they will agree to the injunction. If they do not oppose it, the judge will grant the injunction and you are done. If the respondent wants to challenge the injunction (in other words, if they don’t want an injunction against them), the judge will have a final hearing.

You will then have to present the proper evidence to get an injunction. That evidence will depend on what kind of injunction applies to you. Below are the injunction options in Florida.

What kind of injunction should I get?

Each of the 6 below will link to individual pages with specific content on each kind of injunction.

  1. Domestic Violence
  2. Stalking
  3. Dating Violence
  4. Repeat Violence
  5. Sexual Violence
  6. Exploitation of a Vulnerable Adult

free case evaluation

Fill out the form below for a free evaluation of your case.

    Call Now ButtonCall Now


    Ask Us a Question!

    • This field is for validation purposes and should be left unchanged.