WHAT IS THE PROCESS OF GETTING AN INJUNCTION or Restraining Order in Florida?
The process of obtaining an injunction (“restraining order”) begins with gauging, whether your situation rises to the level where an injunction is appropriate. In Florida there are various types of restraining orders/injunctions. For more information regarding the requirements for each type of injunction click HERE.
The process of getting an injunction begins with filling out a petition. Your local Clerk of the Court should have blank forms available on their website or at their office. A petition is similar to an application, which tells the court why you need an injunction.
You can either hire a lawyer to fill out the petition, fill out the petition in person at the Clerk’s office, or file a petition electronically at home. It is recommended to consult with an attorney to make sure the petition is completed correctly and that you have sufficient evidence to eventually present to the judge in court.
Once you submit the petition to the judge, two things happen. First, the judge reviews it and determines whether based on the facts you included in your petition, a temporary injunction is necessary, until the judge can hear your case in court. If the judge issues a temporary injunction it will only be valid until the judge can have a formal hearing in court.
The judge will also set a court date where you will be expected to show up, present evidence, and prove that you meet the requirements under the law for an injunction.
The second thing that happens once you submit your petition is the county sheriff automatically receives a copy of the petition and will serve it along with a court date on person you are trying to get the injunction against. This person is known as the respondent.
Once there is verification that the sheriff served the respondent with the petition, the judge may conduct the final hearing.
The final hearing is sort of like a mini trial, where you will be expected to present evidence proving that you are entitled to an injunction under the law. You may introduce documents such as threatening text messages, photos, videos, or anything that will help you prove your case. In addition you may also present witnesses and have them testify in court.
If the respondent either testifies or presents witnesses on their behalf, you will get an opportunity for cross examination. This is where having a lawyer at the hearing will maximize your chances of getting the injunction.
Once both sides rest their case and no longer have additional evidence to present to the court, the judge will make a decision to either grant or deny your petition (application) for the injunction.