Florida Protection Order

In Florida, protection orders are legal tools designed to prevent further harm or threats from an abuser. These orders provide essential safety measures for individuals experiencing domestic violence or related threats. Understanding the different types of injunctions and the legal process helps survivors effectively seek protection.

Types of Injunctions

• Domestic Violence Injunction: Protects individuals from abuse or threats by a family or household member.
• Repeat Violence Injunction: Applies when the respondent has committed two or more acts of violence against the petitioner.
• Sexual Violence Injunction: Designed specifically for victims of sexual violence or assault.
• Dating Violence Injunction: Granted when abuse occurs between individuals in a dating relationship.

Filing Process

To obtain a protection order in Florida, a petitioner must file a sworn affidavit and petition at the local county clerk’s office or family courthouse. This paperwork explains the abuse or threat and requests a court order for protection. Assistance is available at many courts to help survivors navigate this process safely and confidentially. For additional resources and support, visit DV Support.

Temporary Hearings

Upon filing, the court may issue a temporary injunction that provides immediate protection, often without the respondent's presence. This temporary injunction typically lasts until the final hearing date. The purpose is to offer urgent safety when there is reasonable cause to believe abuse has occurred or will recur.

Final Hearings

The final hearing usually takes place within 15 days of the temporary injunction. Both petitioner and respondent can present evidence and witnesses. The judge then decides whether to issue a permanent injunction, which can last up to one year or longer. This order may restrict contact, grant temporary custody, or include other safety measures.

Enforcement

Protection orders in Florida are enforceable by law enforcement agencies. Violating the order is a criminal offense and can result in arrest or other penalties. It is vital for survivors to keep a copy of the order with them and inform local authorities if the respondent breaches the injunction terms.