A restraining order in Florida is a court order that prohibits a person from approaching or contacting another person who has been a victim or is at risk of being a victim of some type of violence. The restraining order is intended to prevent the aggressor from continuing to commit acts of violence against the victim and to ensure the victim’s safety and well-being.

Types of restraining orders

There are different types of restraining orders in Florida depending on the relationship between the parties and the type of violence involved. Some examples are:

1. Domestic Violence Restraining Order: This applies when the victim and the abuser are family or household members or have been in an intimate relationship in the past. Domestic violence includes acts such as assault, battering, sexual assault, stalking, kidnapping, or any other crime that causes bodily harm or death.
2. Restraining order against recurring violence: This applies when the victim and the offender do not have a family or intimate relationship but have had at least two incidents of violence or stalking in the last six months.
3. Dating Violence Restraining Order: This applies when the victim and the aggressor have or have had a continuous and significant dating relationship in the last six months. The relationship should be more than just a friendship or chance meeting.
4. Sexual Violence Restraining Order: This applies when the victim has been the victim of sexual assault or rape by the offender or has reason to believe that she is in imminent danger of being so.
5. Stalking/Cyberstalking Restraining Order: This applies when the victim has been repeatedly, maliciously, and unwantedly harassed or persecuted by the offender, either in person or by other means. The stalking must cause a reasonable fear for the safety of the victim or their loved ones.

To get a restraining order in Florida, the victim must file an application with the court in the county where she lives, where the abuser lives, or where the violence occurred. The judge will review the request and decide whether to grant a temporary (ex parte) order that lasts up to 15 days or a final order that lasts up to a year or more. The temporary order can be granted without notifying the abuser, but the final order requires a hearing where both parties can present their arguments and evidence.

We hope this article has been helpful to you in understanding what a restraining order is in Florida. If you liked it, share it with your friends and family, and leave us a comment with your opinion. Thanks for reading us. Until next time.

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