How does a restraining order work in Florida?

In Florida a Petition for Protection Against Domestic Violence is given priority consideration by the court. A judge will normally review the Petition within several hours of filing. If a “one-sided” reading of the Petition satisfies the legal requirement for an injunction, the judge will sign the order and grant the injunction.

Can you get a restraining order for domestic violence?

Domestic violence is an extremely serious issue, and can give grounds for a restraining order, also known as a domestic violence injunction. Both names refer to the same Florida procedure.

What are the different orders of protection in Florida?

Florida law provides for five (5) different orders of protection against violent conduct. The five (5) different orders of protection are, 1) domestic violence; 2) repeat violence; 3) dating violence; 4) sexual violence and 5) stalking.

How do you get a temporary restraining order?

Temporary Restraining Order. The first step in getting an injunction is to file a Petition. The “Petitioner” is the individual requesting the injunction and the “Respondent” is who the injunction would be against. The Petition for Protection is simply the allegations.

What are the different types of restraining orders in Florida?

There are four types of restraining orders in Florida that are intended to protect a victim. These four types of restraining orders are broken up entirely based on the relationship of the petitioner and the respondent. The four types are domestic violence, dating violence, sexual violence and repeat violence.

How long does it take to get a restraining order in Florida?

A return hearing must be scheduled within 15 days in order to comply with the Respondent’s right to due process. A petition must contain certain allegations in order to get a temporary restraining order. The Petitioner must prove that the allegations are true by clear and convincing evidence in order to receive a final injunction.