When a relationship gets to a point where one party feels the need to file a restraining order against the other, you know things have gotten bad. As with most legal procedures, the process can be confusing, and it only makes matters worse when it comes to personal stress. It is because of this that many people opt not to file a restraining order as they fear misrepresenting themselves or feel the process will be too difficult. However, this can lead to dangerous outcomes if a toxic relationship is left alone. In the article, we will break down restraining orders in Florida and explain how the filing process works.
The Different Types of Restraining Order Protections
Domestic Violence: This is physical or emotional abuse from one member of a family to another. These family ties can be by blood, marriage, or simply persons living in the same household.
Repeat Violence: These are acts of violence that have occurred in two separate instances within the span of six months and that were targeted at the one filing the petition or their family.
Sexual Violence: Sexual violence is a wide category that can range from sexual misconduct, inappropriate behavior in front of a minor, and forced sexual performance. When filing your patient, consult with tha lawyer to get a better understanding,
Stalking: When someone is repeatedly following or harassing another in person or online, they will file a restraining order under the stalking injection.
How To File Restraining Orders in Florida
You can file a restraining order within any courthouse in the state. If you are in a hurry, you do not need to hire an attorney for this process. But if you are confused about what legal grounds you wish to file the injunction and want a better understanding of the process it is highly recommended you hire a lawyer as the court is not allowed to offer legal counsel.
Understanding What Happens After You File
The courthouse clerks will help you file the appropriate paperwork for restraining orders in Florida, which will then be submitted to a judge. If the judge agrees that the paperwork matches the criteria for restraining orders in Florida, they will issue a temporary injunction that lasts for fifteen days. The sheriff’s office will serve the paperwork to the persons that are being filed against.
After serving the paperwork, the served may be ordered to stay away from the petitioner in any number of capacities. A hearing will be scheduled where both parties can defend themselves afterward; the judge will decide if the temporary injunction will evolve into a permanent one.
Restraining Orders in Florida Don’t Have To Be Complicated
While the process of filing a restraining order in Florida can seem daunting, in reality, it doesn’t have to be complicated, and with the help of an experienced attorney, it can actually be quite simple. Of course, the emotions and fraught relationships that caused the filing of a restraining order will still be there, but you can be on your way to cleaning them up by filling in a Florida courthouse.
