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How to File a Restraining Order in Florida
If you find yourself in a situation where you fear for your safety or the safety of a loved one, one legal avenue to explore is obtaining a restraining order. In Florida, a restraining order—often referred to as an injunction—can provide critical protection and peace of mind. At Brunvand & Wise Law Group, our Tampa criminal defense attorneys have extensive experience guiding clients through the complexities of Florida’s restraining order process. Below, we outline the key steps in filing a restraining order and what to expect, so you can take action to protect yourself and your family.
Understanding Restraining Orders in Florida
Florida law offers several types of restraining orders (injunctions), including:
- Domestic Violence Injunctions – Applies when there is violence or a threat of violence between individuals who share a familial or household relationship.
- Dating Violence Injunctions – Applies when there is violence or a credible threat of violence within a dating relationship.
- Repeat Violence Injunctions – Applies when there are two or more instances of violence or stalking by the same individual.
- Sexual Violence Injunctions – Protects victims of sexual battery or other sexually motivated crimes.
- Stalking Injunctions – Protects victims who are subjected to repeated harassment or stalking.
Each type carries different requirements for eligibility, so it is crucial to understand which injunction best fits your situation. Consulting with a knowledgeable Tampa criminal defense attorney—like the team at Brunvand & Wise Law Group—can help determine your best course of action.
Filing a Petition
The restraining order process in Florida typically begins with filing a written Petition for Injunction. You can obtain the necessary forms at your local courthouse or online through the county clerk’s website. In Hillsborough County, for example, you would contact the Clerk of Court in Tampa. When completing the petition, it’s important to include:
- Detailed incidents of violence or threats – Be clear and factual about dates, times, and nature of the incidents.
- Relationship to the respondent – Outline how you know the individual and why you believe an injunction is necessary.
- Contact information – Provide accurate personal details, but remember you can request certain information be kept confidential for safety.
Keep in mind, any false statements can jeopardize your case and may even have legal consequences. Honesty is paramount.
Temporary vs. Permanent Injunctions
After you submit your petition, a judge will review it promptly, often without a hearing. If the judge determines there is an immediate and present danger, a temporary injunction may be granted. This temporary protection usually lasts until a full hearing can be scheduled—typically within 15 days.
At the full hearing, both you and the respondent will have an opportunity to present evidence and testimony. If the judge is convinced that protection is necessary, a final injunction (sometimes referred to as a permanent injunction) may be issued. This injunction can last indefinitely or for a specific duration set by the court.
Enforcement and Violations
Once a restraining order is in place, the respondent is legally obligated to follow all the terms. If they violate the injunction—by contacting you, coming near your home, or engaging in any other prohibited action—you should contact law enforcement immediately. Violating a restraining order can lead to criminal penalties, including arrest and prosecution.
How Brunvand & Wise Law Group Can Help
If you need help filing a restraining order in Tampa or navigating any related legal matter, Brunvand & Wise Law Group is here to assist. Our Florida criminal defense attorneys understand the emotional weight of seeking an injunction and the seriousness of the threats involved. We offer:
- Compassionate guidance – We listen to your concerns and help you determine the right injunction type.
- Thorough preparation – From gathering evidence to drafting persuasive petitions, our team ensures your case is presented effectively.
- Aggressive representation – If your rights and safety are threatened, we advocate vigorously on your behalf during any legal hearings.
Taking the First Step
Filing a restraining order is a big decision, but it is also an important step toward protecting your safety and well-being. Whether you’re in the early stages of considering a restraining order or already have a court date scheduled, Brunvand & Wise Law Group in Tampa can provide the experienced legal support you need.
To learn more or to schedule a confidential consultation, contact our Tampa office today. We’re dedicated to helping you navigate Florida’s legal system and safeguard what matters most—your security and peace of mind.
