How to File for a Restraining Order in Broward
When you find yourself in a situation where you need protection from someone who poses a threat to your safety, filing for a restraining order can be a crucial step. In Broward County, Florida, the process is designed to provide immediate relief and legal protection. This guide will walk you through the necessary steps to file for a restraining order in Broward County.
Understanding the Types of Restraining Orders
Before you begin the process, it’s important to understand the different types of restraining orders available in Broward County:
| Type of Restraining Order | Description |
|---|---|
| Domestic Violence Injunction | Issued when there is a domestic violence relationship between the petitioner and the respondent. |
| Stalking Injunction | Issued when the respondent has engaged in a course of conduct that would cause a reasonable person to fear for their safety. |
| Sexual Battery Injunction | Issued when the respondent has committed a sexual battery against the petitioner. |
| Repeat Violator Injunction | Issued when the respondent has violated a previous injunction. |
Each type of injunction serves a different purpose and has specific requirements for filing.
Step-by-Step Guide to Filing for a Restraining Order
Here’s a step-by-step guide to help you navigate the process of filing for a restraining order in Broward County:
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Seek Legal Advice
Consult with an attorney who specializes in family law or domestic violence to understand your rights and options. They can provide guidance on the best course of action for your specific situation.
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Complete the Petition
Fill out the petition for a restraining order, which can be obtained from the Clerk of the Circuit Court of the 17th Judicial Circuit in Broward County. The petition requires detailed information about the respondent, including their name, address, and the nature of the abuse.
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File the Petition
Take the completed petition to the Clerk of the Circuit Court, located at the Broward County Courthouse. There is a filing fee, which may be waived if you can demonstrate financial hardship.
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Attend the Hearing
After filing the petition, a court date will be scheduled for a temporary injunction hearing. This hearing is usually held within 24 hours of filing. Be prepared to present evidence of the abuse and explain why a temporary injunction is necessary.
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Obtain a Temporary Injunction
If the court finds that there is a risk of harm, a temporary injunction will be issued. This injunction is effective immediately and remains in place until a final hearing, which is scheduled within 15 days.
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Prepare for the Final Hearing
At the final hearing, the court will decide whether to grant a permanent injunction. Be prepared to present evidence and testimony to support your request.
What to Expect at the Hearing
Understanding what to expect at the hearing can help you feel more prepared:
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Courtroom Etiquette
Arrive on time, dress appropriately, and be respectful to the judge and all parties involved.
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Presenting Evidence
Bring any evidence of abuse, such as police reports, medical records, or photographs. Be prepared to testify about the incidents of abuse.
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Testifying
Be honest and concise when answering questions from the judge and the respondent’s attorney. Avoid making negative comments about the respondent.
After the Hearing
Once the hearing is over, there are a few important steps to take:
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Obtain a Copy of the Injunction
Make sure you have a copy of the injunction, as it
