Getting a Restraining Order in Florida
Jacksonville Family Lawyers with 125 Years of Experience
No one should live in fear from violence, whether that violence is sexual or physical in nature. That’s why Florida law allows citizens to file civil injunctions, also known as restraining orders, to ensure that they are protected from dangerous abusers and anyone who intends to do them harm.
At Owenby Law, P.A., our experienced restraining order attorneys in Jacksonville are dedicated to protecting our clients from the threat of violence, and ensuring that the terms of their civil injunctions are sufficient to keep them safe. If you need help filing, extending, or pursuing a restraining order in Florida, give us a call for the help you need.
Call (904) 770-3141 today to schedule a free 30-minute consultation.
Different Types of Restraining Orders
“Restraining order” is actually a colloquial term for what lawyers refer to as civil injunctions or protective orders. From assault and battery to stalking and kidnapping, there are any number of violent acts that a restraining order can protect you from experiencing in the future. The type of restraining order, however, will depend on the nature of the violence you’ve experienced, as well as your relationship with the perpetrator.
There are 4 main types of civil injunctions you can file in the state of Florida, including:
- Domestic violence: Domestic violence injunctions can be filed against any family or household members that have committed a violent act against you or an immediate family member. The family relationship can be by marriage or by blood, and live-in partners are included.
- Sexual violence: If someone has forced or coerced you to participate in sexual acts, or done so against a child, the victim can petition for a restraining order. You can still file even if criminal charges were dismissed, as the injunction is filed in a civil court.
- Dating violence: Those who are eligible for a dating violence injunction must have been involved in a romantic or sexual relationship for some period of time during the previous 6 months, and the relationship must have been continuous at the time.
- Repeat violence: If you or your immediate family members have been the victim of at least 2 violent acts from the same person, you can file a repeat violence injunction, regardless of your relationship to the individual.
How Do I File for a Restraining Order?
To file for a restraining order, you will need to prepare a petition for a temporary injunction and file it to the appropriate civil court. Within 15 days, there will be a hearing, and a judge will decide whether to grant your request for a permanent injunction against your abuser.
Although the final injunction is called “permanent,” however, the judge will often decide to set an expiration date approximately 1-5 years after filing. Your abuser (the “respondant”) can also move to dissolve the restraining order. If that happens, it’s vital that you have the right legal counsel to stand up for your rights and protect you from further violence.
For the skilled and compassionate legal service you need, call (904) 770-3141 to contact our team at Owenby Law, P.A.
