If you are a victim of any act of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming a victim of domestic violence, you can ask the Court for a protective order prohibiting domestic violence. Domestic violence includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to petitioner, by any of the petitioner’s family or household members.
Because you are making a request to the Court, you are called the petitioner. The person whom you are asking the Court to protect you from is called the respondent.
Benefits of an Injunction
What will an Injunction for Protection (also known as a restraining order) do for you? It will legally prevent an alleged abuser (the respondent) from committing any further acts of violence to you or from threatening you, or stalking you. Depending on the situation, an injunction may:
Restrain the respondent from going to, in or within 500 feet of petitioner’s residence, place of employment, place of school, or places you and your family frequent
Provide no contact between the parties, in any manner
Require the respondent to attend counseling, treatment or a batterer’s intervention program
Require the respondent not to possess a firearm or to surrender any firearms to law enforcement
How Long Will the Process Take?
The court will review your petition and you will receive an answer that day (granting, denying, and/or setting your case for hearing).
Additional Resources
Florida Coalition Against Domestic Violence (FCADV) Website
Florida Domestic Violence Hotline
The Florida Domestic Violence Hotline is a free, 24-hour crisis intervention and resource line for domestic violence survivors, friends and family of survivors and community partners. Advocates connect callers with their local certified center, provide immediate crisis support, safety plan with survivors, and provide information about domestic violence to friends and family of survivors of domestic violence. Contact them at at 800-500-1119.
Serena’s Law
Effective July 1, 2021, Serena’s Law amended F.S. 28.2221 which requires each county recorder or clerk of the court to post on its publicly available website an entry of final judgment for an injunction for the protection of a minor which includes the identity of each respondent against whom the injunction is entered, unless the respondent is a minor. Information not made available on the website by July 1, 2021, must be made available to the general public on the website if the minor, or the minor’s representative, identifies the information and requests it be made publicly available as outlined below:
PUBLIC NOTICE OF THE RIGHT OF ANY AFFECTED PARTY TO REQUEST THE ADDITION OF INFORMATION TO A PUBLICLY AVAILABLE INTERNET WEBSITE
Any affected person has a right to request that a county recorder or clerk of the court add information to a publicly available Internet website if that information involves the identity of a respondent against whom a final judgment for an injunction for the protection of a minor under s. 741.30, s. 784.046, or s. 784.0485 is entered, unless the respondent is a minor. The request must be in writing and contain the case number. To make a request contact the clerk’s office by mail or in person at 200 South Ohio Avenue, Live Oak, Florida 32064.
Fees
There is no filing fee. However, there may be a sheriff’s service fee if the respondent lives outside of the State of Florida. The petitioner should verify the service fee with the other state prior to filing the case. The petitioner must provide a check or money order made payable in the amount that was provided by the other state at the time of filing.
Documents Needed
All required documents are contained in the individual packets which are available on the Clerk’s website and inside the Clerk’s office.
** If an injunction is needed after business hours, weekends or holidays please call 911.**
Request assistance as early in the day as possible, preferably before 3pm, to allow sufficient time to complete paperwork and for the Court to review your paperwork.
