Standard of Proof In Florida, a petitioner for an injunction must establish by “preponderance of the evidence” (i.e. greater weight of the evidence) that he or she is either a victim of domestic violence or is in imminent danger of being a victim of domestic violence.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
Requires at least two incidents of violence or stalking by respondent on petitioner or an immediate family member; one must be within past 6 months. Petitioner must fear repeat violence by respondent. Either victim, or parent or guardian of minor child living at home, may file petition.
Filing Through the e-Portal In order to file a Petition for Injunction online, you must first register with the Florida Courts e-Filing Portal. When registering, be sure to select Self-Represented Litigant as your role.
contact order is a court order that prohibits the respondent from having physical contact or communications with the petitioner the person who is requesting the court order. In order to obtain a nocontact order, the petitioner will have to file it through the Clerk of the Courts.
How to File a Restraining Order in Florida. Gather Information. Collect any documentation or evidence supporting your claim of domestic violence. Complete the Petition. The first step in the legal process is to fill out the petition. File the Petition. Temporary Hearing/Injunction. Final Hearing.
You will need to research and write (1) an “Application for TRO,” stating what you are requesting and when the hearing will be; (2) a “Memorandum of Points and Authorities,” explaining the relevant laws and how they apply to your facts; (3) a “Declaration” under penalty of perjury explaining both the facts of the case, ...
Fill out all required forms Request for Civil Harassment Restraining Orders (form CH-100) Confidential CLETS Information (form CLETS-001) Notice of Court Hearing (form CH-109) Temporary Restraining Order (form CH-110) Civil Case Cover Sheet (form CM-010)