Florida’s Orders of Protection

FLORIDA’S ORDERS OF PROTECTION

Do you know about the five orders of Protection Against Violence in Florida?

I Wanted to let people know about the five orders of Protection Against Violence in Florida. Restraining orders or better known as Injunctions are court ordered in Florida for Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence and Stalking should be pursued vigorously if you, a family member, a friend, or neighbor are experiencing any one type of this violence. Upon presenting the Court with an application for a Temporary Restraining Order, even if it is ex parte, “without notifying the other party whom it is against” the Court will grant that Temporary Restraining Order if there appears to the Court that there is “an immediate and present danger” of harm existing. There is no requirement in Florida for you to provide the Court with any police reports, photographs of injuries, or other supporting evidence to get the Temporary Restraining Order. Thereafter, usually within 2 weeks, the Court will set a full evidentiary hearing wherein testimony of the parties and evidence will be considered by the Court before it will consider granting a Permanent Restraining Order against the other party. The standard of proof upon which the Court makes its decision is by a “preponderance of the evidence”.

I presently have a Restraining order case in 3 of the five categories previously mentioned.