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Legal Information: Florida

Restraining Orders

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Laws current as of October 6, 2023

Step 3: A judge will review your petition.

After you finish filling out your petition, give it to the clerk of court. The clerk will immediately take the petition to the judge. The judge will review the petition promptly and will issue a temporary ex parte injunction if s/he finds that there is an immediate threat of violence to either you or a family member. The judge will decide whether to issue the temporary injunction based on the facts included in your petition, so you should be sure to include any details in your petition that show you are in immediate danger. The temporary injunction will be effective for no more than 15 days.

Before you can get a long term, final injunction, you will have to have a full court hearing where the abuser has the opportunity to be present. The judge will give you a date for the full hearing the same time s/he decides whether to give you a temporary injunction. The full hearing will be scheduled for a time before the temporary injunction expires.