For an injunction for protection against stalking/cyberstalking, you don't need to have any particular relationship with the abuser. For support and safety tips, you can chat at loveisrespect.org, text "LOVEIS" to 22522, or call 1-866-331-9474. Is your court hearing being held via Zoom? . The clerks office will send the completed package to the judge. "Serve" Your Papers on the Restrained Person STEP 4. If you are a victim of sexual violence and have reported the incident to the police, you can file for an injunction against sexual violence. In most cases, the officers serving the injunction will have no specific knowledge of the allegations against you, and you could end up hurting your position or even getting arrested. Lakeland - Polk 1102 South Florida Ave Lakeland, FL 33803. Effective 01/06/2014 all new Traffic and Misdemeanor cases will be filed in electronic format and the clerk will no longer have paper files available for viewing in the courtroom. Pursuant to rules and administrative orders redaction of personal identifying information is required on all documents that will be included in a publicly available file. Do not violate the restraining order in an attempt to get the petitioner to withdraw the order. The pleading must indicate that it is a consolidated case and include the consolidated case number. Under the Domestic Violence Prevention Act, abuse is defined as any of the following: Intentionally or recklessly causing or attempting to cause bodily injury. A restraining order is an order of protection issued by the Florida circuit court. VOCA-2022-917 awarded by the Office for Victims of Crime, Office of Justice Programs. An Injunction for Protection is a Court Order, often referred to as a restraining order, which places restrictions on an individual who has allegedly committed acts or made threats of violence against another individual. A dating relationship must have existed within the past six months. See also Laws, Rules & Legal Research. How can I get a restraining order removed from my Broward County, Florida public record? How do I notify the court that my new case meets the criteria for filing in Complex Business & Tort divisions? 5. We provide holistic legal services to victims of eligible non-intimate partner crimes such as: *Note: because of Covid-19 our offices are closed for walk-ins, please call 954.736.2418 for assistance. If you wish to be represented by a lawyer, it is your responsibility to hire a lawyer. To obtain a Restraining Order, you may eFile your pleadings utilizing the ePortal filing system or appear in person at one of the following Domestic Violence Service Locations, excluding Courthouse Holidays. This project was supported by Award No. The accused is ordered by a court of law to move out and carry what belongs to them until a ruling is made. I am not saying my child didnt have a breakdown. What if the respondent violates the restraining order? For further assistance relating to legal resources and forms, please visit the Self Help Equal Access Center - Law Library. The main courthouse in Fort Lauderdale and the West Regional Courthouse in Plantation. If you are served with the injunction, its important that you dont argue or become confrontational with the police. Can I file multiple pleadings in the same case in the same transaction? With a restraining order, you can have peace, knowing that you are legally protected from the abuser. However, if the restraining order is not granted, you can hire an attorney and file a petition. Injunctions are commonly referred to as restraining orders. For filings in the Probate/Mental Health division, attach unsigned proposed orders to the motion. If you edit the original document, you will maintain the original timestamp for the filing. If there are two prior convictions for violation of the restraining order against the same victim, the third violation is charged as a felony of the third degree, punishable by up to five years in prison and $5,000 in fines. 1. Restraining the respondent from committing any acts of domestic violence. Make arrangements through the local police department if you need to pick up clothing or other belongings from your home. Documents should be a standard size of 8 x 11 inches as defined in RJA 2.520, Black and white, non-color documents are recommended, Scanned documents should be at a resolution of 300 DPI as defined in the State of Florida Electronic Records and Records Management Practices. Threatening the petitioner: not only will you be breaking the no-contact rule, but you also run the risk . How to apply for a restraining order with the help of DoNotPay: And thats it! Here are the four types of Florida restraining orderslaws: If you are wondering how long does a restraining order last, here is what you need to know: If granted, a restraining order can last for one year or more. No matter the name, these orders are meant to protect those who have been the victim of certain types of abuse. Our firm keeps your future in mind and always protects your rights. Click here for additional information. His performance in court was outstanding and gave me a big victory. Repeat Violence (Florida Statutes 784) means any assault, battery, sexual battery, or stalking by a person against any other person. For filings in the Circuit Criminal Felony division, send proposed orders directly to the judge. This self-help forms pack is available for you to download free of charge. Stalking is when someone repeatedly follows, harasses, or makes threats against you (Coleman, 1997). In most cases, the court will award a temporary restraining order. It is usually granted in cases involving domestic violence, harassment, sexual assault, or stalking.They can be used to prevent the offending party from contacting the person who files for the restraining order and keep the offending party a certain distance away. Our free broward county, 2014 humane society of the hope fair housing center serving broward county darting association is a safe bet. Please note that existing cases will require a court order for them to be deemed complex. Get Ready and Go to Your Court Hearing STEP 5. Protective injunctions in the state of Florida are also known as orders for protection or restraining orders. Cyberstalking is defined as commiting a series of acts that communicate words, images or language through the internet directed at you that causes you substantial emotional distress. Sit back and relax while we do the work. To remove or block information from public record, complete form 404-64. Proposed orders attached to other documents will be placed in the case file unsigned. Email Ayo & Iken. Circuit or County Civil and Family: Requests for services such as copies of pleadings, certified or exemplified copies, record searches, Notice of Actions, Certificate of Mailing on Removal of Tenant Actions per FS 83.22(2); bonds, rent or any other court ordered monies to be deposited into the Court Registry must be manually submitted. If you fear for your safety, or for the safety of your children, our strong recommendation is to seek immediate help. The Seventeenth Judicial Circuit of Florida created specialized domestic violence divisions to deal exclusively with family violence issues. Also, give a copy to anyone being protected by the order. Law Librarians are available to assist you in locating legal resources and forms. Submit any photographs, police reports or medical reports you have that substantiate your claims. The Court does not provide a free lawyer for you in domestic violence, family or civil cases. Like other injunctions, this can be filed on behalf of a minor by a parent or guardian. North Justice Center: For Civil Temporary Restraining Orders and Work Place Violence Restraining Orders, all forms must be completely and accurately filled out before getting in line to file. The pro se self-help staff does not provide legal advice. Summons, writs, subpoenas and other documents that are issued by the clerk should be E-Filed. Rules & Laws If you are representing yourself in a domestic abuse or harassment case, you must follow the same laws and rules as a lawyer. The Clerks Office is unable to provide legal advice or assistance. What to do if my filing is sent to the Pending Queue in the portal? What about the Notice of Confidential Information? A restraining order is a Court order against an individual that is intended to protect someone who is afraid of being hurt by a specific person or persons. Berkeley's Boalt Hall. If you are seeking to modify or lift a no contact order then contact Moses & Rooth. In response to the Governor's order, Broward County Administrator Bertha Henry issued Emergency Order 20-26, which conforms Broward County's Emergency Orders to the legal parameters of the Governor's orders. After an E-Filed petition has been accepted, the Petition is forwarded to the judge for ruling. If you are facing any issue wherever you are involving an abusive person, consider speaking with an experienced attorney to discuss your options in filing injunction or restraining order. You may contact the Women in Distress hotline for counseling and shelter at 954-761-1133, available 24 hours a day, 7 days a week. My reservations were quickly eased during my initial consultation. What Do You Need to File a Restraining Order? Any victim of abuse has the right to file an injunction against their alleged abuser. This prevents the abuser from causing more harm. The temporary or ex parte injunction is a court order designed to provide you and your family members with immediate protection from the abuser. Fill Out Your Court Forms and Prepare to File STEP 2. Lawyer directory. During this period, the court sets a hearing date for a final injunction. The Portal will charge a bank transaction or credit card processing fee for the transaction value as cost recovery, as noted on the financial transaction page in the Portal. If a restraining order is violated, the case is treated as a first-degree misdemeanor offense. You can file for an injunction against repeat violence if someone has been violent toward you, or stalked you or someone in your family at least two times. If you want to be notified you MUST register by calling 1-855-948-7648 or visiting www.vinelink.com. All restraining orders are intended to protect abuse victims, but not all orders to protect abuse victims are called restraining orders; orders of protection in Florida are termed injunctions. The victim must take the stamped ticket to the first floor of the East Garage to receive validation. Either the judge does not believe there is enough reason to extend the injunction, or the petitioner has decided its no longer needed. You must maintain the originally signed documents in your files for a prescribed period of time. This is punishable by up to a year in county jail and $1,000 in fines. First, choose your state: . Upon completion of your filing, we will stamp your parking ticket. Whether youre in Orange, Broward, Palm Beach, or some other Florida county, the process for filing a restraining order is remarkably similar. We have helped over 300,000 people with their problems. Stalking (Florida Statutes 784) is defined as someone who is purposefully following or harassing you repeatedly over a period of time for no legitimate purpose, causing you emotional stress. With this type of restraining order, a parent can be ordered to stay away from a child until a ruling is made. If the court does not deny the restraining order, a typical order lasts anywhere from three to five years. Injured? The order prohibited FTN Bae from contacting Doodie Lo, coming within 500 feet of him, and posting about him on social media. The court will provide the petitioner with an emergency service packet to give to the police to serve the respondent. Find an Attorney for Protective Orders in Broward County, FL. In this hour of need and when this medical pro Mat was such a relief to our family! Instead, contact this office by phone or in writing. 2023 - All rights reserved, Follow this link to skip to the main content. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. NEXT MEETING: Next Meeting: Thursday, September 17, 2020 Time: 10:00 AM to 12PM Location: TBA Contact: Miriam.Rosario@myflfamilies.com Cell: (561) 459-6098 David.Draper@myflfamilies.com Phone: (407) 317-7335, Cell: 407-222-5270 Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. Multiple pleadings cannot be combined and must be filed as separate documents. You can visit their website for more information about filing a restraining order in Broward County, Florida. If the respondent violates the restraining order, you should call law enforcement and report the incident. The clerk will not send proposed orders to the judge. For information and procedures on obtaining a Restraining Order, call the Domestic Violence Department at 954-831-5570 between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday. 3) Call our office (813-276-8100), say "Restraining Order" and our 24/7 system will prompt you for your case number. If in doing so, he/she threatens your life or threatens to harm you, with the intent to cause you to reasonable fear for your safety, then the act becomes aggravated. Click on Self-Help, refer to Family Law forms. He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor charges. If you are under 18, you can go to your local court's Self Help Center for help. If you have questions or feedback about E-Filing with the statewide portal please send them to support@myflcourtaccess.com. You need to prepare carefully for the hearing. Permanent injunctions can last for a year or longer. The Probate Smart Forms require a format with no dashes, e.g. Regardless of whether you agree with the type or terms of the restraining order, violating a restraining order can result in an arrest and additional criminal charges. One of the most common threats faced after ending a violent relationship is stalking. After the Court Hearing STEP 1. The restraining order process for domestic violence cases A domestic violence restraining order can provide you with protection right away. A restraining order is a ruling by a court of law that prohibits a person from stalking or intentionally causing harm to another. The case type and FCCC 'reference number' must be included in the subject line. Criminal eFiling- Effective January 6, 2014, electronic document filing (E-Filing) service for the following divisions will be mandatory on the Florida Courts E-Filing Portal: Circuit and County Criminal; Criminal and Civil Traffic; Juvenile Delinquency and Dependency; Criminal Appeals. In the interest of safety, it is suggested that you seek safe shelter throughout this process, as your safety is the most important factor. The following is a list of some of the laws and rules that deal with domestic abuse and harassment in Minnesota. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. Criminal - Effective 01/06/2014, E-Filing is mandated for attorneys. Read More: How to Ask for an Injunction to Be Removed in Florida. If youve been served with a restraining order: Do not fall victim to deception. Once all information has been verified, scroll to the bottom of the window and click Confirm and Submit all Now to resubmit your revised filing. What is a Probate and Guardianship Smart Form? Filing a Restraining Order in Florida. Once a restraining order is granted, the person causing harm will be issued with a court order that prohibits them from being near you. If you contact the petitioner online or in person, it is a violation. After a Cook County judge denied #NoCopAcademy activists' motion for a temporary restraining order to stop the vote, aldermen and the mayor convened Friday afternoon for a meeting scheduled just . He explained to my husband and I what my son was facing. Please contact us online or by calling 407-377-0150 to discuss your case. We contacted our attorney in the state where we live and he recommended Matt to us. There are five types of injunctions for protection, which are defined as follows: Definition of violence: Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury . The court order may also prohibit the abuser from communicating with you, either via message or call. An injunction is sometimes referred to as a restraining order and basically does the same thing. You don't have to be living with the abuser or married to him. The addresses are as follows: Main courthouse: 201 SE 6th St., Room # 02140, Fort Lauderdale, FL 33301. Stay safe! If you aren't certain if you qualify, talk to the law enforcement agency where you reported the violence for information. Case information and electronic documents/images filed after 01/06/2014 will be available for viewing via the Public Access Terminals located at all four Broward Courthouse service locations or on the Clerk of Courts website. Respondent's vehicle information including make, model, color, year, and tag number. Change your telephone number. You will receive notice of the Clerks action by electronic mail from the portal. Juvenile Dependency and Adoptions - Effective 01/06/2014, E-Filing is mandated for attorneys. Injunctions are commonly referred to as "restraining orders". Copyright 2023 Weinstein Legal. Fill Out Your Court Forms and Prepare to File 1. No daycare is provided by the courthouse staff. Awarding to the petitioner the temporary exclusive use and possession of the dwelling that the parties share or excluding the respondent from the residence of the petitioner. If this is for a new case filing, wait to get your case number before filing the addendum on that case. The only requirement is an internet connection and a browser. Search for relationship protection on DoNotPay. CASE TYPES FOR INJUNCTIONS. Respondent's employer and employer's address and phone number, if possible. Ultimately, Matt was able to negotiate a pretrial diversion program where all charges will be dismissed once my son has completed a 6 month program. Each lead document filed is considered a separate transaction and, once accepted, an entry is made on the progress docket of the case. A responsive, knowledgeable and skilled attorney. Although Ahamad was charged with violation of a restraining order, Broward's court system . Physical description of respondent, including height, weight, scars, date of birth, etc. Will copies of Traffic and Misdemeanor case files or citations be available in the courtroom for defense attorneys to view? Filing fees are not charged for credit card and bank account transactions until the Clerk accepts the filing. 1. [The case type and 'reference number' must be included in the subject line.]. Court Locations to Request Restraining Orders. To obtain a Restraining Order, you may eFile your pleadings utilizing the ePortal filing system or appear in person at one of the following Domestic Violence Service Locations, excluding Courthouse Holidays. Injunctions are commonly referred to as "restraining orders." The role of the self-help center staff is to direct interested individuals to the self-help website where they can explore resources needed to represent themselves, access the courts, and other essential resources. Do I need an attorney to file for a restraining order? After a charge or arrest for domestic violence, the abuser may still find ways to cause harm. There is no fee necessary to file a restraining order, but you will have to provide a photo ID. Filing restraining orders or domestic violence injunctions in Florida. As a pro-se litigant, or self-represented party, it is helpful to educate yourself on the court rules, proper legal filings, and service requirements. Below you will find helpful information and forms to assist you. This protection is usually used in domestic violence cases, but it can also be used to combat dating violence and other types of sexual violence. Your abuser may monitor your internet use. The good news is, the Broward County Bar Association has a lawyer referral and information service where they will match your legal need with an experienced attorney in the relevant area of the law. Orange, CA. Call 954-845-0505 NOW. For more information related to restraining order cases, see this page which contains relevant Broward cases. File Your Court Forms With the Court STEP 3. If a case is consolidated with others by court order, then a document can be filed in the lead case. A restraining order, also known as a protective order, is something used by the court to protect a person or entity. If your filing has fees associated with it, you will not be able to select the party to file on behalf of and will have to submit the filing by traditional paper method with a filing fee. A filer electronically files documents to the Florida Courts E-Filing Portal at www.myflcourtaccess.com. All filings prior to this date will be available in paper format and can be viewed from the division service location in which the case is filed. For filings in the Traffic and Misdemeanor division, send the proposed orders directly to the judge. contact the Florida Courts eFiling Portal via email support@myflcourtaccess.com, or call the Our son was distraught and frightened and Matt was very reassuring and supportive. A Broward man hit with restraining orders by his parents killed his father, police say By David J. Neal. I would recommend Justin without reservation to anyone seeking representation. Heathrow - Seminole Once a restraining order is granted, it is important to report every violation, no matter how minor it may seem. "Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time. The attorney should contact the department with the filing reference number to expedite the filing due to the emergency nature of the filing. Juvenile: Issuing summons, subpoenas cannot be completed in the Portal. Based on the facts presented here, the judge decides whether or not a full injunction is granted and also decides the terms of the injunction if one is granted. A variety of sexual crimes qualify you for this injunction. An attorney is not required in order to file for a restraining order. To made things easier for you we broke the cases down by category and popular topic. The Domestic Violence Department Team helps those affected by domestic; repeat, sexual, dating and stalking violence obtain injunctions for protection. Domestic Violence (Florida Statutes 741) means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit. Filing fees are paid by credit card or electronic withdrawal from a bank account. The clerk will electronically affix the required stamps, seals and signatures. Trim all trees and shrubbery for an unobstructed view of the property surrounding the home. The petitioner can apply online or in person. If accepted by the Clerk, the filing will be docketed and appear in the Clerks case maintenance system. Training Materials and Manuals and Training Videos are available on the Florida Courts E-Filing Portal website. Restraining orders can protect you from your neighbor at a certain distance. FILE NOW REGISTER NOW Monday - Sunday: 24 Hours 850-577-4609 (Technical Support) support@myflcourtaccess.com eFiling@BrowardClerk.org There is also an option to request a fee waiver on the Portal payment screen. Parties must have never lived together, as defined under domestic violence. No, there is no fee associated in filing a restraining order. When the filing opens in the Correction Queue, all the information you previously entered for this filing will display, including Case Information, Case Parties and Documents. An injunction is a court order, also referred to as a restraining order, that directs a person not to have any contact with you. This does not apply to Circuit Criminal Felony or Traffic and Misdemeanor case types. Restraining orders are most commonly used in situations such as domestic violence, stalking, and abuse. She holds both an M.A. The Clerk of Court staff is not able to give assistance with E-Portal related issues and inquiries. Find information about additional steps to take after filing a petition. We found ourselves against all odds. To obtain a restraining order, you may have to get a packet from the Broward County Clerk of Courts. All cases meeting criteria for filing in complex business and tort per Administrative Order 2013-11-Civ must file a "Notice of Intent to File in Complex Business & Tort Division" along with their new case E-Filing. They restrict the movement of one party and can be used to gain the upper hand in situations such as divorce and child custody matters. Each type of injunction is designed to prevent or . Typically, if an individual violates the Court order, criminal penalties can be charged against him. If cases are not officially consolidated by court order with other cases, any document applying in several cases must be filed in each case. A restraining order (also called a "protective order") is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The reason the clerk has pended the filing appears at the top. Laws & Rules on Domestic Abuse & Harassment The following is a list of some of the laws and rules about . You will be issued with two certified copies of the restraining order. Everything You Need to Know About Brandishing a Weapon or Pulling a Gun.