No Fees Until We Win

Overview of Restraining Orders in Florida

What does a restraining order mean in Florida?

A restraining order is a court order that is designed to protect a person from being harassed, threatened, or harmed by another individual. When someone violates the terms of a restraining order, they can be charged with a crime.

In Florida, there are two types of restraining orders that can be put in place: domestic violence injunctions and non-domestic violence injunctions. Domestic violence injunctions are typically put in place when there has been a history of physical or sexual abuse between two people who have a close relationship, such as spouses, former spouses, parents, children, or persons who are currently dating or have dated in the past. Non-domestic violence injunctions are typically put in place when there has been harassment, stalking, or cyberstalking.

If someone violates the terms of a domestic violence injunction, they can be charged with a first-degree misdemeanor, which is punishable by up to one year in jail and a $1,000 fine. If someone violates the terms of a non-domestic violence injunction, they can be charged with a second-degree misdemeanor, which is punishable by up to 60 days in jail and a $500 fine.

In both cases, if the person who violates the restraining order does so with the intent to harassing, threaten, or harm the victim, they can be charged with a felony, which is punishable by up to five years in prison and a $5,000 fine.

If you have been served with a restraining order, it is important that you take it seriously and follow the terms exactly. If you violate the restraining order, you could be facing serious criminal penalties.If you have been accused of violating a restraining order, you should contact an experienced criminal defense attorney as soon as possible to discuss your case. An attorney can help you understand the charges against you and work to build a strong defense.

The worst legal consequences of violation of a restraining order is usually a combination of fines and jail time, but this will vary from state to state. In some states, the penalties are more severe if there is a history of domestic violence or if the victim was particularly vulnerable.

In Florida, for example, first-time offenders can be fined up to $1000 and sentenced to up to one year in jail. If the offender has a prior conviction for domestic violence or stalking, however, the maximum fine increases to $5000 and the maximum jail sentence increases to five years.

If you have been served with a restraining order, it is important that you take it seriously and comply with its terms. Violating a restraining order can have serious legal consequences, so make sure you understand what you need to do to avoid them.

When a person files for a restraining order in Florida, the following steps will take place:

  1. The petitioner (the person filing for the restraining order) will file a petition with the court. This petition must allege that the respondent (the person against whom the restraining order is filed) has committed an act of domestic violence.
  2. The court will then set a hearing date for the petition. At this hearing, both the petitioner and respondent will have an opportunity to present evidence and testimony.
  3. After considering all of the evidence, the court will decide whether or not to grant the restraining order. If the restraining order is granted, it will be effective immediately and will remain in effect for a period of one year.
  4. The respondent will be served with the restraining order and will be required to abide by its terms. If the respondent violates the terms of the restraining order, he or she may be subject to arrest and prosecution.

If you are a victim of domestic violence, it is important to know that there are legal options available to you. A restraining order may be able to provide you with the protection you need from your abuser. If you have any questions about the process of obtaining a restraining order in Florida, you should consult with an experienced attorney at Kemp Ruge and Green who can advise you of your rights and help you through the legal process.

What it means for you to file for a restraining order against a spouse or someone that lives in your home:

In order to file for a restraining order against your spouse or someone who lives in your home, you must be able to prove that you have been a victim of domestic violence. Domestic violence can include physical, emotional, or sexual abuse. If you are able to prove that you have been a victim of domestic violence, you may be granted a restraining order that will require the abuser to stay away from you and have no contact with you. The restraining order may also require the abuser to move out of your home and not return. If the abuser violates the terms of the restraining order, he or she may be arrested and charged with a crime. If you are granted a restraining order, it is important to keep a copy of the order with you at all times and to call the police if the abuser violates the terms of the order.

Reasons for a judge to grant a restraining order are:

– The respondent has committed domestic violence against the petitioner or the petitioner’s immediate family member.
– There is a credible threat of violence by the respondent against the petitioner or the petitioner’s immediate family member.
– The respondent has committed stalking, cyberstalking, or cyberharassment against the petitioner.
– The respondent has engaged in dating violence against the petitioner.
– A minor child is living in the household of either party and the respondent has committed domestic violence against a person who resides in that household.

Judges may also consider any other relevant factors when making a decision about whether to grant a restraining order. If the judge grants the restraining order, they will sign it and give it to law enforcement to serve on the respondent. The respondent will then be given a copy of the order and be served with notice of the hearing date. If the respondent does not show up for the hearing, the order will still go into effect.

The judge can also grant a temporary ex parte order if they feel that there is an immediate and present danger of domestic violence, stalking, cyberstalking, cyberharassment, dating violence, or sexual violence. This order will go into effect immediately and last until the full hearing can take place. The respondent will be served with notice of the full hearing at the time they are served with notice of the ex parte order.

Restraining Orders for Stalking:
What are the different types of stalking?

There are two types of stalking in Florida: cyberstalking and stalking.

Cyberstalking is when someone stalks you online. This can happen through email, social media, or text messages.

Stalking is when someone follows you or contacts you in a way that makes you feel scared or unsafe. This can happen in person, by phone, or through the mail. In order to obtain a restraining order for stalking, you must file a petition with the clerk of court in the county where you reside. The clerk will provide you with the necessary forms and instructions. Once the petition is filed, a judge will review it and determine whether or not there is probable cause to believe that you are being stalked. If the judge finds probable cause, he or she will issue a temporary restraining order (TRO).

The respondent (the person accused of stalking) will be served with the TRO and a notice of hearing. The hearing will be held within 15 days of the TRO being issued. At the hearing, both parties will have an opportunity to present evidence and testimony. The judge will then decide whether or not to issue a final restraining order (FRO).

If the judge issues an FRO, it will remain in effect for up to one year. It can be renewed for additional one-year periods if necessary. The FRO will order the respondent to stay away from you, your home, your workplace, and your children’s schools. It will also prohibit the respondent from contacting you in any way, including by phone, email, or social media. Violation of an FRO is a crime in Florida and can result in arrest and imprisonment.

What does a restraining order do for victims of cyber-stalking?

If you are a victim of cyber-stalking and believe that you are in danger of harm, you should contact your local police department or sheriff’s office immediately. You can also file for a restraining order through your local courthouse. To do so, you will need to complete a petition detailing the harassment you have experienced and why you believe you need protection. Once the petition is filed, a judge will review it and decide whether or not to issue a restraining order.

A restraining order, also known as a protective order, is a legal document issued by a court that orders an individual to stop harassing, threatening, or otherwise harming another individual. A restraining order can provide protection for victims of cyber-stalking by ordering the stalking to cease and preventing the stalker from having any further contact with the victim. In some cases, a restraining order may also require the stalker to surrender any firearms or other weapons in their possession.

If you have been issued a restraining order, it is important to keep a copy of the order with you at all times and to notify law enforcement if the stalker violates the terms of the order. Violating a restraining order is a crime in most states, and violators can be arrested and prosecuted. If you have any questions about restraining orders or other legal options available to you, you should speak with an attorney.

Domestic Violence and Restraining Orders - Explained:

A domestic violence restraining order is a civil order that provides protection from abuse for victims of domestic violence and their children. Domestic violence includes physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This type of restraining order prohibits the abuser from having any contact with the victim. It can also order the abuser to stay away from the victim’s home, school, work, or daycare. In some cases, the restraining order may give temporary custody of minor children to the victim and require the abuser to pay child support. The abuser may also be ordered to turn over any guns he or she owns to law enforcement.

If you are a victim of domestic violence, you can ask the court for a domestic violence restraining order. You do not need an attorney to do this, but it is recommended that you have one. To get a restraining order, you must fill out some forms and file them with the clerk of court in your county. The forms will ask for information about you, the abuser, and the abuse. Once you have filed the forms, a judge will review them and decide whether or not to grant the restraining order.

If the judge grants the restraining order, he or she will sign it and give you a copy. The police will also be given a copy. The abuser will be served with the restraining order by the sheriff’s department or another law enforcement agency. The sheriff’s department may charge a fee for this service.

Once the abuser has been served, he or she must obey the restraining order. If the abuser does not obey the restraining order, he or she can be arrested and charged with a crime.

If you have a domestic violence restraining order against someone, it is important to keep a copy of it with you at all times. You should also give copies to your local police department and any other law enforcement agency that you contact.

What is a domestic violence restraining order?

A domestic violence restraining order is a civil order that provides protection from abuse for victims of domestic violence and their children. Domestic violence includes physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.

This type of restraining order prohibits the abuser from having any contact with the victim. It can also order the abuser to stay away from the victim’s home, school, work, or daycare. In some cases, the restraining order may give temporary custody of minor children to the victim and require the abuser to pay child support. The abuser may also be ordered to turn over any guns he or she owns to law enforcement.

If you are a victim of domestic violence, you can ask the court for a domestic violence restraining order. You do not need an attorney to do this, but it is recommended that you have one.

To get a restraining order, you must fill out some forms and file them with the clerk of court in your county. The forms will ask for information about you, the abuser, and the abuse. Once you have filed the forms, a judge will review them and decide whether or not to grant the restraining order.

If the judge grants the restraining order, he or she will sign it and give you a copy. The police will also be given a copy. The abuser will be served with the restraining order by the sheriff’s department or another law enforcement agency. The sheriff’s department may charge a fee for this service.

Once the abuser has been served, he or she must obey the restraining order. If the abuser does not obey the restraining order, he or she can be arrested and charged with a crime.

If you have a domestic violence restraining order against someone, it is important to keep a copy of it with you at all times. You should also give copies to your local police department and any other law enforcement agency that you contact.

What are the different types of domestic violence restraining orders?

There are two types of domestic violence restraining orders in Florida: temporary and permanent.

A temporary domestic violence restraining order is also called a ex parte order. This type of order is issued without a hearing and is only in effect for a short period of time, usually 15 days. If you want the order to last longer than 15 days, you must go to court and ask for a permanent restraining order.

To get a temporary restraining order, you must fill out a form called a Petition for Protection Against Domestic Violence. You will also need to fill out a form called an Affidavit in Support of Petition for Protection Against Domestic Violence. These forms are available at the clerk of court’s office or online.

You will need to file the forms with the clerk of court and have them served on the abuser by the sheriff’s department or another law enforcement agency. The sheriff’s department may charge a fee for this service. Once the abuser has been served, he or she must obey the restraining order.

If you want a permanent domestic violence restraining order, you must go to a hearing in front of a judge. At the hearing, both you and the abuser will have a chance to present evidence and witnesses. The judge will then decide whether or not to grant the restraining order.

If the judge grants the restraining order, he or she will sign it and give you a copy. The abuser will also be given a copy. The restraining order will last for a specific period of time, usually up to one year.

It is important to understand that a domestic violence restraining order is a civil order, not a criminal one. This means that the abuser can be arrested and charged with a crime if he or she violates the terms of the restraining order, but the abuser cannot be arrested simply for having a domestic violence restraining order against him or her.

What are the different types of domestic violence?

There are four different types of domestic violence in Florida: physical, sexual, emotional, and economic.

  • Physical abuse is when someone hurts you or tries to hurt you on purpose. This can include hitting, kicking, choking, biting, burning, or using a weapon against you.
  • Sexual abuse is when someone forces you to have sex when you do not want to or tries to make you do sexual things that you do not want to do.
  • Emotional abuse is when someone says mean things to you or calls you names. It can also be when someone threatens to hurt you or themselves if you do not do what they want. Emotional abuse can also be when someone tries to control what you do or who you see.
  • Economic abuse is when someone tries to control your money or make it hard for you to get or keep a job. This can happen when someone takes your money without your permission, prevents you from working, or ruins your credit.

What are the different types of protective orders?

There are two types of protective orders in Florida: domestic violence and repeat violence.

A domestic violence protective order is also called an injunction for protection against domestic violence. This type of order is designed to protect victims of domestic violence from their abuser.

To get a domestic violence protective order, you must fill out a form called a Petition for Injunction for Protection Against Domestic Violence. You will also need to fill out an Affidavit in Support of Petition for Injunction for Protection Against Domestic Violence. These forms are available at the clerk of court’s office or online.

You will need to file the forms with the clerk of court and have them served on the abuser by the sheriff’s department or another law enforcement agency. The sheriff’s department may charge a fee for this service. Once the abuser has been served, he or she must obey the restraining order.

A repeat violence protective order is also called an injunction for protection against repeat violence. This type of order is designed to protect victims of repeat violence from their abuser.

To get a repeat violence protective order, you must fill out a form called a Petition for Injunction for Protection Against Repeat Violence. You will also need to fill out an Affidavit in Support of Petition for Injunction for Protection Against Repeat Violence. These forms are available at the clerk of court’s office or online.

What are the different types of sexual violence?

There are three different types of sexual violence in Florida: sexual battery, lewd or lascivious acts, and rape.

Sexual battery is when someone forces you to have sex when you do not want to or tries to make you do sexual things that you do not want to do.

Lewd or lascivious acts are when someone touches you in a sexual way when you do not want them to or forces you to touch them in a sexual way.

Rape is when someone has sex with you without your consent. This can happen even if you know the person who raped you.

What are the different types of dating violence?

There are two types of dating violence in Florida: emotional and physical.

Emotional dating violence is when someone says mean things to you or calls you names. It can also be when someone threatens to hurt you or themselves if you do not do what they want. Emotional dating violence can also be when someone tries to control what you do or who you see.

Physical dating violence is when someone hits you, kicks you, grabs you, or does anything else that hurts you physically.

If you are a victim of any of these types of violence, you may be able to get a restraining order to protect yourself. For more information, please contact the clerk of court’s office or an attorney at Kemp Ruge and Green.

Meet Our Team

It is very easy to describe what Kemp, Ruge & Green Law Group does. Our mission statement says it all. We strive to "relentlessly pursue protecting our clients and improving our community through respect, communication and service". Put more simply, we help people.

Our firm Is Unique

Learn how taking care of our clients is our priority.

We are committed to our community and our clients with a level of legal expertise that is among the highest in the area. In fact, we were featured in Positively Tampa for our efforts:

Regardless of where you live in the Tampa Bay region, including Hillsborough, Pasco, Pinellas, and Hernando Counties, we look forward to helping you make the best of your situation. Many of our attorneys have been acclaimed as among the one percent of all attorneys in the country, and they’re right here in our area, ready to help you.

We've got
you covered

When you hire an attorney, you’re looking for someone with experience in the practice areas and cases exactly like yours. Just like going to the doctor, if you have heart trouble, you see a cardiologist, not a general practitioner. Choosing a lawyer should be the same way.

Contact Us
About Your Case

We're ready to fight on your behalf. Request a free, no-risk consultation with our attorney's today.