This page is designed to help the average non-lawyer understand what form or template you need to get something done on a restraining order or injunction case in Florida.
Even experienced attorneys get confused (and make mistakes) on what forms to use, or what kind of injunction to file in a particular case. Hopefully, this information will help make the process a little bit easier for you to understand so that you can get the protection you need – and that can mean getting an injunction, or defending against one that is unjustly being sought against you.
What I am going to do here is just list off all of the forms as they are listed in the Florida Family Court system, provide links to the forms in PDF and Word formats, and explain what each is very briefly.
Summary: This is the form you fill out if you are a victim of domestic violence, or are worried that you are about to become a victim of domestic violence. It’s free to file at the courthouse and the clerks will assist you in filling it out (but they are not lawyers and cannot give legal advice).
Helpful tip: Check out the order judges sign when they deny a petition for injunction. It’s a standardized order, but it lists off all of the reasons they can cite deny your injunction.
Helpful tip: There is now a an option for you to tell the clerk to keep your petition secret if the judge does not grant your petition for a temporary restraining order. It used to be that they would tell the petitioner or that he or she could find out about it. Overtime, however, we have learned that that puts petitioners in danger. So be sure to tell them to keep it confidential in the event the judge denies your petition.
Summary: This is the order that the judge will sign if they think there is a concern of danger to you or another reason why they should hear the matter. But your petition did not rise to the level where it warranted issuing a temporary injunction.
Summary: This is the order that the judge will sign if they flat out deny your petition for protection. You really should look at this form first before actually filing your petition. The reason I say that is because it contains a checklist with reasons to judge can use to deny your petition. If you satisfy all those boxes, you have a much better chance of getting your injunction granted.
Summary: This is the order that the judge will sign if you successfully convinced the judge that you need immediate protection and that you have minor children. An injunction will immediately go into effect. However, the other person cannot technically violate it until they are actually served by the sheriff. Usually, with this kind of temporary injunction, the judge will give you exclusive possession of the home and 100% time sharing with the children.
Summary: Same as the scenario above, except here, there are no minor children. As soon as the petitioner is served by the local sheriff’s office, if he comes into contact with you intentionally, or tries to threaten you, or anyone you know, he can be held in contempt and arrested for violating the injunction.
Summary: This is the final judgment that a judge will enter after affording the respondent his or her due process rights, and a full and fair hearing on the merits of the case. A final judgment is a significant thing for a person to have on their record. They cannot own fire arms, and it will probably significantly impede their ability to get a job or live in certain places.
In order for this to happen, however, the respondent must have been served process. What that means is that he or she has to have been informed of the proceeding. If they do not show up to the proceeding, you should win by default, and the judge should give you all reasonable requests for relief like exclusive possession of the home and 100% time sharing of the children and or family pets.
Summary: Same as above, except without kids involved. Much easier. Less paperwork.
Summary: This is the document that the judge will sign dismissing the injunction for really only three different reasons. First, the petitioner failed to appear at the hearing. If that happens, the respondent automatically wins, and the case is dismissed. Second, the petitioner showed up, but voluntarily dismissed it. Third, there was a hearing on the merits and evidence was presented. However, it was insufficient under Florida law to issue a final injunction.
Summary: This is the document that the petitioner can sign to voluntarily dismiss their petition. There’s something really important on this you need to know. It is totally ethical and appropriate for lawyers to approach petitioners to discuss whether or not they would like to sign this document (dismissing the restraining order). However, it is highly unethical and improper for the petitioner himself or herself to approach a respondent and ask them to voluntarily dismiss the injunction or petition. So do not try to do this on your own. There are a lot of reasons and laws behind why this is the way it is.
If you have any other questions on forms are templates that are not listed here, feel free to reach out to ask for help. We fight because we care.
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