How to File a Restraining Order in Florida: A Guide by Tampa’s Brunvand & Wise Law Group

If you’re facing harassment, stalking, or abuse in Florida, a restraining order can provide legal protection and peace of mind. At Brunvand & Wise Law Group, your trusted Tampa criminal defense attorneys, we’re here to guide you through the process of filing a restraining order in Florida.

Understanding Restraining Orders in Florida

A restraining order, also known as an injunction for protection, is a legal order issued by a court to prevent one person from contacting or approaching another. In Florida, there are several types of restraining orders designed to address different situations:

– Domestic Violence Injunctions: For protection against family or household members.
– Repeat Violence Injunctions: For victims of two incidents of violence or stalking.
– Dating Violence Injunctions: For individuals in a significant romantic or intimate relationship.
– Sexual Violence Injunctions: For victims of sexual assault or lewd acts.
– Stalking Injunctions: For those subjected to repeated harassment or cyberstalking.

Understanding which type applies to your situation is crucial. Our experienced attorneys at Brunvand & Wise Law Group can help you determine the appropriate injunction to seek.

Steps to File a Restraining Order in Florida

1. Complete the Necessary Forms

Visit the Clerk of Court in your county to obtain the required forms for the type of restraining order you need. In Tampa, you’ll go to the Hillsborough County Clerk of Court. Ensure you provide detailed information about the incidents, including dates, locations, and descriptions of the abuse or harassment.

2. File the Petition

Submit your completed forms to the Clerk of Court. There is no filing fee for restraining orders related to domestic, dating, sexual, or repeat violence. The court will review your petition, and a judge may issue a temporary restraining order if they believe you’re in immediate danger.

3. Attend the Hearing

A court hearing is typically scheduled within 15 days of filing. During this hearing, both you and the respondent (the person you’re filing against) will have the opportunity to present evidence and testimony. Having legal representation from Brunvand & Wise Law Group can significantly impact the outcome.

4. Serve the Respondent

The respondent must be formally notified of the restraining order and the hearing date. Law enforcement officers usually handle this service at no cost to you.

5. Comply with Court Orders

If the judge grants a final injunction, it’s essential to understand and comply with all terms outlined in the order. Violating a restraining order can have serious legal consequences for both parties.

How Brunvand & Wise Law Group Can Assist You

Navigating the legal system can be overwhelming, especially during stressful times. The attorneys at Brunvand & Wise Law Group are dedicated to providing compassionate and knowledgeable legal support. Here’s how we can help:

– Personalized Consultation: We’ll discuss your situation in detail to understand your needs fully.
– Legal Representation: Our attorneys will represent you in court, presenting a compelling case on your behalf.
– Documentation Assistance: We’ll help you gather and organize all necessary evidence and documentation.
– Peace of Mind: With our expertise, you can focus on your safety and well-being while we handle the legal complexities.

Frequently Asked Questions

Q: How long does a restraining order last in Florida?

A: The duration can vary. Temporary injunctions last until the final hearing. Permanent injunctions can last indefinitely but may have a set expiration date or be modified by the court upon request.

Q: Can I file a restraining order on behalf of a minor?

A: Yes, parents or legal guardians can file for an injunction to protect a minor child.

Q: What if the respondent violates the restraining order?

A: Violating a restraining order is a criminal offense. Contact law enforcement immediately if this occurs.

Contact Brunvand & Wise Law Group Today

Your safety is paramount. If you believe you need a restraining order or have questions about the process, don’t hesitate to reach out to the Brunvand & Wise Law Group. As experienced Tampa criminal defense attorneys, we’re committed to protecting your rights and providing the legal support you need.

Call us today or visit our office to schedule a confidential consultation.

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At Brunvand & Wise Law Group, we stand by you every step of the way, offering trusted legal guidance in Tampa, Florida.