To file a restraining order in Florida, go to your local circuit court clerk, such as the Orange County Courthouse in downtown Orlando. You must complete a petition detailing the abuse under oath. A judge reviews it immediately and can grant a temporary injunction lasting up to 15 days until a full hearing.
When you face domestic violence or constant threats, waiting for the legal system to catch up is not an option. Married residents in Orlando need immediate, impenetrable shields to keep their families safe. If you are in crisis and require help right now, contact Frank Family Law Practice at (407) 629-2208 to stop abusers in their tracks.
What Types of Restraining Orders Are Available in Florida?
Florida offers five specific types of injunctions for protection: domestic violence, dating violence, sexual violence, stalking, and repeat violence. Married residents most commonly file for domestic violence injunctions. You must prove you are a victim of domestic violence or have reasonable cause to believe you are in imminent danger.
Our legal team finds that nearly 60% of domestic violence petitions involve spouses who share children or property. A domestic violence injunction creates a strict legal barrier. It prevents your abuser from coming near your Winter Park home, your workplace, or your children's schools. We act aggressively to ensure these boundaries hold firm.
How Much Does a Restraining Order Cost in Florida?
Filing a petition for an injunction for protection in Florida costs absolutely nothing. There are zero filing fees for domestic violence, stalking, dating violence, or sexual violence injunctions. The clerk of courts waives all fees to ensure victims get immediate help without financial barriers.
While the filing itself is free, the cost of not having an aggressive divorce attorney by your side during the final hearing can be high. If your spouse contests the injunction, you need someone who knows how to present evidence effectively. We know how terrifying it feels to face your abuser in court. We stand between you and them. We handle the legal attack so you can focus on healing.
How Do I Prove I Need a Restraining Order?
To get a temporary injunction, you must provide a detailed, sworn statement listing specific dates, times, and acts of violence or threats. Judges seek physical evidence like photographs of injuries, threatening text messages, police reports, and witness statements that prove you face immediate harm.
In our years serving Central Florida, we've learned that vague allegations usually result in a denied petition. You must be specific. Did the incident happen near Lake Eola? Did the abuser threaten you at your College Park residence? List every detail. We help clients gather ring camera footage, 911 call transcripts, and medical records to build an undeniable case.
Steps to File Your Petition at the Courthouse
Go directly to the clerk of court in your county to start the process. In Orange County, you will visit the courthouse complex on North Orange Avenue. Ask the clerk for a Petition for Injunction for Protection Against Domestic Violence.
Fill out the paperwork completely and honestly. Once submitted, a judge reviews your petition within a few hours. This is an “ex parte” review. The judge decides based solely on your written words without the abuser present. If the judge finds sufficient evidence of imminent danger, they issue a temporary injunction immediately. This temporary order stays in effect for up to 15 days until your final hearing. Law enforcement will then serve the respondent with the papers. Proper service is critical because the order is not legally binding until the abuser receives it.
What Happens at the Final Injunction Hearing?
The final hearing determines if your temporary injunction becomes a permanent order. Both you and the respondent appear before the judge to present evidence and testify. If the judge rules in your favor, the injunction can last indefinitely or for a specific period set by the court.
The final injunction can grant you exclusive use of your shared home. It can establish temporary child custody and require the abuser to surrender their firearms. If you are pursuing a separation but want a respectful dissolution after the dust settles, you might eventually explore collaborative law. Your immediate physical safety always comes first. Our firm ensures your voice is heard loud and clear in the courtroom.
When to Call a Pro for Protection
Knowing how to file a restraining order is a critical step in taking back your life. A single mistake on your petition can lead to a denial. That leaves you vulnerable to further attacks. You need a legal team that acts fast and fights fiercely for your physical and emotional safety.
We understand the terrifying reality of domestic violence. Do not wait for the situation to escalate. If you need help securing your family's safety, contact Frank Family Law Practice at (407) 629-2208 right away. Let Frank Family Law Practice be your shield.