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Please note, the petitioner can often amend their petition at a later time. Courthouse personnel are often offered to help the petitioner author their petition. Most courthouses will offer interpreters, if required.

The duty Judge ("on-call" Judge) will assessment the petition and establish whether he/she has a legally sufficient basis ("robust and clear evidence") to enter an ex parte Order issuing a short-term injunction against the respondent. Offered the Judge issues a short-term injunction, the nearby sheriff's office will seek to serve the respondent with such notice. Upon being served with the temporary injunction, the respondent will not be permitted to have direct or indirect make contact with with the petitioner unless the Order is amended (or deleted) by the Court. Indirect contact contains get in touch with by third parties and e-mail and text message correspondence. The Court Order provides the petitioner "protection" against the respondent until finally the subsequent Court hearing, normally within 14 days soon after the Order is entered. At that time, the respondent can pick to defend themselves against the accusations in the petition and request the Court to delete the Order. Both sides can look for to retain a criminal defense or loved ones law lawyer to represent their interests at such hearing(s).

At the Court hearing, a Judge will establish no matter whether to amend or delete the short-term Order right after hearing testimony from the petitioner, respondent, and any relevant witnesses. The Court can choose to amend the Order from a temporary injunction to a permanent injunction based on the severity of the information.

In Florida, A petitioner is entitled to acquire an Injunction for Protection Against Violence if they match into one of the following 4 categories:

Florida Statute 741.30 - Domestic Violence

"Domestic violence" signifies any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one particular household or household member by one more family members or household member.

Family or household member consists of: a spouse an ex-spouse a relative by blood or marriage who at present lives with the petitioner or who lived with the petitioner in the previous any individual who lives with the petitioner in the exact same dwelling as a family members unit or anybody with whom the petitioner has a little one with, irrespective of whether the petitioner lives with the respondent.

The petitioner will have to show by competent substantial proof that he/she was a victim of domestic violence OR has purpose to think he/she is in imminent danger or becoming a victim of domestic violence.

Florida Statute 784.046 - Repeat Violence

The petitioner will have to show by competent substantial evidence that he/she was a victim of: A single (1) incident of stalking or TWO (two) incidents of an assault, battery, or sexual battery, a single of which should have occurred inside of the final six months. Any individual can be eligible to obtain an injunction against repeat violence

Florida Statute 784.046 - Dating Violence

"Dating violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death.

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