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Fort Lauderdale, FL 33316
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Florida has several types of restraining orders also called injunctions for protection each designed for specific situations. The five main types include:
These are geared toward individuals in a family or household relationship, such as spouses, former spouses, co-parents, or romantic partners who have lived together. They require proof of past violence or a credible threat of imminent harm.
This is especially for those who do not share a household but have experienced at least two incidents of violence or threats, with one occurring in the past six months. This could apply to co-workers, neighbors, or acquaintances.
These are for individuals who have been in a romantic relationship within the past six months and have experienced violence or threats. Unlike domestic violence injunctions, cohabitation is a prerequisite.
Victims of sexual assault, abuse, or any form of sexual violence, even if no criminal charges have been filed, can make use of these injunctions since they provide a civil remedy for protection.
This includes cyberstalking and is especially geared toward those who have been harassed, followed, or threatened, either in person or online.
Each injunction has specific legal standards and protections, so selecting the right type is absolutely vital for obtaining the protection you truly need.
Laura Arcaro, founder of Arcaro Law Group in Florida, has dedicated her career to protecting individuals facing threats, harassment, and violence. With years of experience handling restraining order cases, she understands the high-stakes nature of these cases, as well as the depths of Florida’s injunction laws. As a result, she has successfully guided clients through the legal process to secure their safety and obtain the protection they need.
If you need assistance with a restraining order in Florida, contact Arcaro Law Group today to discuss your case and take the first step toward legal protection.
When it comes to the cost of restraining orders in Florida, you don’t need to worry about paying any fees when filing a petition. The state waives all filing fees to ensure that individuals who need protection can access the legal system regardless of their financial situation.
The court provides the necessary forms, and in urgent cases, a judge may issue a temporary injunction on the same day the petition is filed. Nevertheless, legal representation is still strongly recommended to help with filing, preparing for the hearing, and presenting the necessary evidence to increase your chances of success in obtaining the injunction you need.
To strengthen your case for a restraining order in Florida, you should provide detailed and specific evidence, including:
Most importantly, remember to inform your restraining order lawyer in Ft. Lauderdale of all possible evidence even small details so they can determine the most impactful way to prepare and present your case in court.
The process to file for an injunction for protection is quite straightforward.
File at the Broward County Courthouse or a satellite courthouse as necessary. Here, the clerk of the court will provide you with the necessary forms.
Include details such as the respondent’s name, date of birth, physical description, known addresses, and vehicle details.
The clerk will forward your petition to an on-duty judge for review, typically on the same day. If the judge grants a temporary injunction, you will receive a court order instructing the respondent to stay away from you.
A return hearing will be scheduled within 15 days, where both parties present evidence. If the judge finds sufficient grounds, they may issue a permanent injunction, which can last months, years, or even indefinitely.
If you don’t attend the hearing, your case will be dismissed. Be prepared with evidence and witnesses to support your case.
After filing a petition for an injunction in Ft. Lauderdale, a judge will review your request. If they find sufficient evidence of immediate danger, they will issue a temporary restraining order effective for up to 15 days. Law enforcement will serve the order, and the respondent must comply immediately. If they are living with you, they must leave the residence immediately.
If a temporary order is not granted, the court may still schedule a hearing, giving you the chance to present witnesses, police reports, medical records, or other supporting evidence to strengthen your case. Whether a temporary order is granted or not, a full hearing will be scheduled, where both parties can present evidence. If the judge finds sufficient grounds, they may issue a long-term or permanent injunction.
Laura Arcaro, founder of Arcaro Law Group in Florida, has dedicated her career to protecting individuals facing threats, harassment, and violence. With years of experience handling restraining order cases, she understands the high-stakes nature of these cases, as well as the depths of Florida’s injunction laws. As a result, she has successfully guided clients through the legal process to secure their safety and obtain the protection they need.
If you need assistance with a restraining order in Florida, contact Arcaro Law Group today to discuss your case and take the first step toward legal protection.
While waiting for a restraining order to be issued, there are some proactive and key steps you can take to stay safe. A restraining order is a legal tool with a definite purpose and clear benefits, but it does not kick in immediately. That being the case, your physical safety should be the highest priority. Taking these precautions can help reduce risks while awaiting legal protection, so consider implementing them as necessary:
Before filing, plan your next steps where you will stay, how you will support yourself, and where your children will be safe.
Avoid predictable locations or routines that the other party might know, such as where you eat, shop, or commute.
If possible, change locks, install security cameras, or alert building security if you live in an apartment.
If your restraining order includes child custody protections, inform your child’s school and provide them with a copy of the order. Also, consider alerting your employer if safety concerns may affect your work.
Maintain regular contact with family, friends, or trusted neighbors who can check in on you relatively freely.
Keep a record of threats, harassment, and incidents, including texts, voicemails, or emails.
If legal and necessary, carry pepper gel, a personal alarm, or other self-defense tools you think could be helpful should you be attacked. More importantly, make sure you know how to use them responsibly.
Broward County offers crisis hotlines and victim advocacy programs that can provide you with further assistance.
Most people who we help file petitions for injunctions are considerably scared and nervous. It’s only fitting because filing a restraining order is an emotionally overwhelming process, to put it lightly. Victims of domestic violence, stalking, or harassment often feel scared, uncertain, and even guilty about taking legal action. Addressing these fears with compassion, reassurance, and legal clarity is crucial.
We strive to mitigate these negative emotions and concerns in multiple ways, including:
Our ultimate and driving goal is to help our clients regain power over their lives and feel supported throughout the legal process. And that’s what we’ll do for you, too.
Still Have Questions? Ready To Get Started?
For more information on Filing a protection order in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 546-7280 today.
Laura Arcaro, founder of Arcaro Law Group in Florida, has dedicated her career to protecting individuals facing threats, harassment, and violence. With years of experience handling restraining order cases, she understands the high-stakes nature of these cases, as well as the depths of Florida’s injunction laws. As a result, she has successfully guided clients through the legal process to secure their safety and obtain the protection they need.
If you need assistance with a restraining order in Florida, contact Arcaro Law Group today to discuss your case and take the first step toward legal protection.