How to Get a Protective Order in Florida

The state of Florida offers five (5) different types of protective orders, also referred to as protective injunctions. Before you can petition for a protective order, you need to know what kind of injunction you need. No matter what kind of injunction you petition for, you will need to fill out paperwork, and you may want to contact an attorney for assistance. You may also have to attend a hearing and bring forth witnesses to testify if you wish to make your injunction permanent.

Please take a moment to explore the protective injunctions available in Florida, and do not hesitate to contact Levi Divorce & Family Law Attorneys for legal help.

Domestic Violence Injunctions

If you and your abuser live together as members of a family or household or share a child together, a domestic violence injunction may be right for you. As long as you have been a victim of domestic violence or believe you are in danger, you can file a petition to protect yourself and your children.

If your petition is successful, you will be granted full temporary custody of your children, and the abusive person will not be allowed in your residence or shared dwelling. The abusive person may also be required to surrender guns and ammunition and attend a Batterers’ Intervention Program (BIP).

Repeat Violence Injunctions

Repeat violence injunctions require at least two (2) incidents of violence or stalking, and one must have occurred within the past 6 months. You can file a petition for a repeat violence injunction if you fear repeat violence by your abuser. If the abusive person is stalking or harming a minor child, that child’s guardian may file a petition on their behalf. Repeat violence injunctions protect adults and children from further violence or contact, and abusers may be ordered to surrender guns and ammunition.

Dating Violence Injunctions

Individuals in dating relationships with “an expectation of affection” may file for dating violence injunctions if they have suffered dating violence or fear they may become a victim of dating violence. As long as the relationship occurred within the past 6 months, victims and parents of minor children who live at home may file petitions for dating violence injunctions. Like other injunctions, dating violence injunctions protect adults and minor children from further violence or contact and may require abusers to give up guns and ammunition.

Sexual Violence Injunctions

Sexual violence injunctions require victims to report sexual violence and cooperate with law enforcement. You should petition for a sexual violence injunction if you or your child suffered sexual batter, or if your child (who is younger than 15) was subject to a lewd or lascivious act, lured or enticed, or engaged in sexual performance.

These injunctions protect victims from criminals who were jailed for sexual violence against them. These criminals will not be allowed to contact or enact violence against you or your child nor possess guns and ammunition.

Stalking (and Cyberstalking) Injunctions

If you or your minor child has been stalked or cyberstalked at least twice, you may petition for a stalking injunction. The stalker will be ordered to stay away from you or your child and seek treatment, and they may have to give up their guns and ammunition.

Stalking is unwanted and repeated surveillance, and cyberstalking is unwanted and repeated surveillance and harassment online. If you see someone outside of your house frequently, or someone you know won’t leave you or your child alone in person or online, you may need a stalking or cyberstalking injunction.

Why Petition for a Protective Injunction?

Filing a petition for a protective injunction is essentially asking the court for help. If you have been threatened, harmed, or otherwise harassed by someone, you have a legal right to court-ordered protection. Protective orders can be especially important after you have been the victim of a crime, as the perpetrator may be angry that you came forward.

Under normal circumstances, the police may not understand how serious a former partner showing up at your doorstep really is, but if you have a protective injunction in place, that person’s behavior automatically becomes a crime.

If you have been the victim of domestic abuse, stalking, violence, or criminal behavior, you can petition for a protective injunction – and Levi Divorce & Family Law Attorneys can help.

If you are in immediate danger or need help leaving an abusive situation, please call 911 or contact the National Domestic Violence Hotline at 1.800.799.7233. Once you are safe, call our attorneys at (718) 215-0121 or online and take the first steps toward getting the protective order you need.

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