Legal Information: Florida

Restraining Orders

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November 14, 2018

Step 5: The hearing

When you are requesting a final injunction for protection, you must prove that the respondent has committed an act of stalking (as defined by the law) against you.

You are required to go to the court hearing.  If you find out you absolutely cannot attend, you must contact the court clerk immediately and ask how you can get a "continuance" for a later court date.  However, continuances are normally not granted.  If the petitioner does not show up, generally the temporary injunction will be dismissed.

At the hearing, you will be asked to testify in court about the stalking you have experienced. The respondent will also be allowed to be present evidence and testify in the hearing.  See the Preparing Your Case section under the Preparing for Court tab at the top of this page for ways you can show the judge that you were stalked.

If the respondent does not show up, the court may issue a "default judgment" and you may receive a final injunction against the respondent without him/her being there.  If not, a date for another court hearing may be set.  If another hearing date is set and the judge does not extend the temporary injunction, you should request that s/he do so before leaving the courtroom.