If you are the victim of any act of domestic violence or threats of violence you may ask the Court for a protective order. An Injunction (often referred to as a restraining order) places restrictions on the individual who allegedly committed the acts of violence.
There are five different types of Injunctions. They differ according to your relationship with the individual you are filing against. It is important that you file the correct one, otherwise your Injunction can be denied by the Judge.
The five types of Injunctions are as follows. Click on the title of the Injunction to download Florida Supreme Court-approved instructions.
This petition is used for individuals who are currently married, formerly married, related by blood or marriage, living with you now or has lived with you in the past (living as family), or have children in common.
This petition is used for repeated following, harassment or cyberstalking of one person by another.
This petition is used when two incidents of violence have been committed against you or a member of your immediate family, one of which must have been within 6 month of filing this petition.
This petition is for victims of sexual violence. Sexual violence includes sexual battery, lewd or lascivious acts, luring or enticing a child, sexual performance by a child or any other forcible felony where a sexual act is committed. You must have reported the sexual violence to a law enforcement agency and cooperate in the criminal proceeding.
This petition is for violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The relationship must have existed within the past six months.
If you are under the age of 18 and your parent or guardian must file on your behalf. If you are filing against someone under the age of 18, you must provide the name of the minor you are filing against as well as the name of the parent or legal guardian of that person.
Filing for an Injunction
To request an injunction for protection, you must fill out the applicable Petition. The Petition can found on-line on the website listed above, or at the Clerk of Court. You must file the Petition with the Clerk’s Office in person or on-line through the Florida Court’s E-filing Portal by clicking on the link below.
There are other required documents which must also be filed at the time the Petition is filed. They are also available on-line or in person. They are as follows:
- Declination of Final Hearing
- Injunction for Protection Data Sheet
- Uniform Child Custody Jurisdiction and Enforcement (used for Domestic Violence with children only)
After the Petition is filed, the Clerk will forward it to the Judge for review. The Judge will make a decision to either:
- Grant or Deny the Petition.
- Grant the Petition and sign a Temporary Injunction for Protection. All Temporary Injunction for Protection are set for a hearing in order for the Court hear from the parties before making a final decision whether a Permanent Injunction for Protection is applicable.
- Dismiss the Petition.
The Clerk of Court will notify the Petitioner of the Court’s Decision.
If the Court grants the Petition (temporary or permanent) or sets it for a hearing, the Clerk will send copies to the Sheriff’s Office to be served on the respondent
After an Injunction has been ordered, it sometimes becomes necessary for the Court to address other matters that may arise. Below are a list of forms that the Court has made available for your use as applicable.
- Motion for Extension of Injunction
- Motion for Modification of Injunction
- Motion to Modify or Dissolve
- Petition by Affidavit for Order to Show Cause for Violation of Final Judgement of Injunction
- Request for Confidential Filing of Address
- Supplemental Affidavit in Support of Petition for Injunction
If you have any additional questions, feel free to contact the Clerk’s Office at 407-665-4493.