Can I file a temporary restraining order?

Typically, you need to fill out a separate form for a temporary restraining order and for a permanent restraining order. Be sure to tell the clerk that you want to file for a temporary restraining order. You also might need to fill out other forms, like a Notice of Hearing. Ask the court clerk for the correct forms.

How to file a motion for a temporary order?

Turn in your completed forms by mail, efiling, or in person to the Clerk of Court. 3. Serve the other party . You are responsible for serving the other party with a copy of your filed forms, usually by mail or e-service. 4. Get ready for the hearing.

Is it possible to vacate a restraining order?

Vacating a Restraining Order is a very difficult thing to do —for both the defendant and the accusing party. I advise clients to consider the consequences of applying for a legal restraint BEFORE FILINGS. NEVER FILE A FALSE REPORT OR FILE FOR AN ABUSE PREVENTION ORDER IF THE ALLEGATIONS ARE UNTRUE.

When to file a motion to vacate a judgment?

A Motion to Vacate is not a substitute for an appeal. An appeal, generally, must be filed within 30 days from the date a judgment or order is entered. An appeal is a request to a higher court to change the decision made by a lower court.

How to get an immediate restraining order in FL?

Form Title Revised FL Parentage 321 Motion for Immediate Restraining Order ( 07/2019 FL Parentage 322 Immediate Restraining Order (Ex Parte) 12/2019 FL Parentage 324 Temporary Family Law Order 12/2019 FL All Family 150 Restraining Order 02/2021

What happens when a restraining order is vacated?

Once the restraining order is vacated, the other person is not at legal risk for being in contact with you. If violence or threats resume, you will still be able to go back to court and seek a new order of protection. Do not bring the other party with you when going to get a restraining order reversed.

Where to file a motion to vacate an order of protection?

Call the clerk’s office of the courthouse at which you obtained the order of protection to find out what hours it can handle a motion to vacate. The usual division is civil court.

What does it mean to file a motion to vacate?

A. What is a motion to vacate? A Motion to Vacate is a request to the court to withdraw a previous order or judgment it entered. It has to be based on one of the specific reasons set forth in Civil Rule 60 (a copy of this rule is attached).