815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
If you're a resident in Seminole or Orange County living with your spouse, taking legal action is the bravest step you can take. To file a restraining order in Altamonte Springs, FL, you must request an Injunction for Protection through the Seminole County court, explaining why you fear for your safety. This legal order can immediately restrict contact, prevent harassment, and keep the threatening person away from your home or workplace.
If you're already navigating a separation, speaking with a divorce attorney is often a necessary part of this timeline. However, if you're in immediate danger, your priority must be securing legal protection through the courts.
Florida law is specific about who can ask for protection. You cannot file a domestic violence injunction against a stranger or a casual acquaintance; there must be a specific relationship.
You generally have standing to file if the person threatening you is:
Why this matters:
The court needs to establish jurisdiction. If you do not fit into one of these categories, the judge may dismiss your petition immediately. For married residents in neighborhoods like Winter Park or Maitland, the "spouse" or "co-habitant" criteria usually apply. As a family law practice Altamonte Springs residents trust, we see many clients who assume they have to be physically harmed before filing. That is not true. You can file if you're a victim of domestic violence or if you have reasonable cause to believe you're in imminent danger of becoming a victim.
While domestic violence is the most common injunction filed by married couples, Florida recognizes several types of protection orders.
For most married individuals living in Central Florida, the Domestic Violence Injunction is the appropriate path.
Filing for an injunction is a multi-step process. You do not need a lawyer to file the initial petition, but having guidance can ensure your evidence is presented correctly.
You must go to the Clerk of the Circuit Court in the county where you live, where the abuser lives, or where the violence occurred. If you're in Altamonte Springs, you will likely go to the Seminole County Civil Courthouse in Sanford. If you're in Dr. Phillips or near downtown, you will go to the Orange County Courthouse.
You will fill out a "Petition for Injunction for Protection Against Domestic Violence." This is your sworn statement telling the judge exactly what happened. Be specific. Dates, times, and details of threats or physical acts are crucial.
Cost: There is a $0 filing fee for a petition for an injunction for protection against domestic violence. The State of Florida wants to ensure financial barriers do not prevent victims from seeking safety.
Once you file, a judge will review your petition promptly—usually on the same day. The respondent (your spouse) will not be there. The judge will decide if your petition meets the legal requirements for a temporary injunction.
If the judge grants the temporary order, the Sheriff’s Office will serve the papers to your spouse. This temporary order is valid for a specific timeframe, typically up to 15 days, until a full hearing can be held.
About two weeks after you file, you will have a "Final Hearing." This is where both you and your spouse appear before a judge. This hearing is critical because the temporary order expires if the judge does not extend it or issue a permanent one.
This is different from the collaborative law process, which focuses on settling disputes outside the courtroom. In an injunction hearing, you're in a formal court setting. You must present evidence, such as:
Why this matters:
The judge cannot just take your word for it if your spouse denies the allegations. Evidence is what turns a "he-said-she-said" situation into a ruling in your favor. Having a skilled attorney from a family law practice Altamonte Springs locals rely on can make a significant difference in how this evidence is presented.
Once a Final Judgment of Injunction for Protection is issued, it's a powerful legal tool. It usually prohibits the abuser from:
If the abuser violates this order, you should call the police immediately. Violation of a restraining order is a crime—specifically a first-degree misdemeanor in Florida—and can result in immediate arrest.
You are not alone in this. Whether you're off Highway 17-92 or closer to the Altamonte Mall, there are local resources dedicated to your safety.
Leaving a volatile situation is difficult, but legal tools exist to protect you. A restraining order provides the legal boundary necessary to keep you and your children safe.
If you need help navigating this process, reach out to Frank Family Law Practice. As an experienced family law practice Altamonte Springs has in its corner, we understand the local court systems and how to fight for the protection you deserve.
Call Frank Family Law Practice today at (407) 629-2208 or contact us online to schedule a consultation.