Guide to Filing a Restraining Order

Every day in America, 1 in 4 women and 1 in 7 men suffer physical violence at the hands of a loved one. Anyone in immediate danger should call 9-1-1. Domestic violence includes any assault, aggravated assault, battery, sexual assault, and stalking. Don’t stay silent! Act today by contacting your County Clerk to put a stop to the fear and abuse by applying for a domestic violence injunction in Florida.

What is a domestic violence injunction?

A petition for domestic violence injunction – also called a restraining order– can be filed by anyone in the Tampa Bay area who is the victim of any act of domestic violence. This includes repeat violence, dating violence and sexual violence. A restraining order can also be requested if you believe you’re in imminent danger of becoming a domestic violence victim. 

What are the circumstances to obtain an injunction?

A domestic violence injunction is meant to be easy to acquire and can be obtained from the circuit where either the petitioner resides or where the domestic violence occurred.

The Clerk’s Office is authorized by law to provide clerical assistance for preparing and filing a petition for an injunction. Once the paperwork has been completed, the court will determine if you are in danger of being victimized and a temporary injunction will be prepared. 

You can save time by completing the Domestic Violence forms that apply for your unique situation before visiting the Clerk’s Office. Bring the completed form and upon arrival at one of the intake locations, an intake specialist can assist you in the process of obtaining a domestic violence injunction.

Are there filing fees?

Currently, there are no filing fees for domestic violence injunction petitions. However, as part of the filing process, you will be asked for ID; so make sure to have your driver’s license or other identification with you.

Visit your County Clerks’ website to learn more about the services that are available to you and can help keep you safe.

Anton Garcia Can Help

While an attorney is not necessary in order to get a domestic violence injunction in Florida, the assistance of an attorney can help you in convincing the court to award a restraining order for the maximum length possible. An experienced Tampa, FL attorney can also help you get use and/or possession of the marital residence, a more favorable parenting plan, and other beneficial provisions needed to protect yourself and your loved ones. 

Call Anton Garcia Law today for assistance through this trying time. 

ADDITIONAL RESOURCES:

Florida Coalition Against Domestic Violence
Florida Domestic Violence Centers
State of Florida Domestic Violence Information
American Bar Association Commission on Domestic Violence

Florida Domestic Violence Hotline: toll-free (800) 500-1119