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Temporary Restraining Order Requirements In Miami-Dade
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State:
Multi-State
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Miami-Dade
Control #:
US-000299
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Word;
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FAQ
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
Step 1: Go to the courthouse and get the necessary forms. Step 2: Fill out the forms. Step 3: A judge will review your petition and may give you an ex parte temporary order.
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.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year. The plaintiff will be directed to go to the clerks counter to wait for the order.
The burden of proof is on the protected party to prove to the court by a preponderance of the evidence that there is a reasonable apprehension of future abuse.
Generally speaking, there is no deadline to file for a restraining order. If you feel your safety is in danger, contact law enforcement immediately. But, keep in mind that the earlier you request the order after a domestic violence incident or crime, the better.
Once a restraining order is issued, it becomes a matter of public record, accessible to potential employers, landlords, and others conducting background checks. A restraining order may appear on a person's record even if they were never charged with or convicted of a criminal offense.
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If you feel unsafe or are in danger, a temporary injunction, also known as a restraining order, may be issued until a judge can rule on your petition. Domestic Violence; Sexual Violence; Dating Violence; Repeat Violence; Stalking.The Domestic Violence Division Judges hear civil injunction for protection order (restraining order) cases. Need an Injunction for Protection? You can obtain an injunction for protection at any of the following locations: Lawson E. Thomas Courthouse Center. But, Florida law provides for several different restraining orders, depending on the circumstances. An injunction (sometimes referred to as a restraining order) is a court order that tells one person to stay away from and not contact another person. If it does, a Temporary Restraining Order will be issued and a Court date will be set where both parties will provide testimony. To get an injunction, you must file your petition for an injunction for protection against domestic violence with the clerk of the circuit court. There are three other types of injunctions that you may qualify for under Florida Statute 784.046.