Please refer to the 17th Judicial Circuit Administrative Order Establishing Electronic Filing Procedure for more information. Court Locations to Request Restraining Orders. Below are the major types of restraining orders that you can file depending on the type of crime committed: If you are a victim of any type of domestic violenceor abuse, whether physical or emotional, you can get a restraining order by following these steps: Here are the documents you should present on the day you file your case: If the restraining order is granted, a hearing will take place within 15 days. FILE NOW REGISTER NOW Monday - Sunday: 24 Hours 850-577-4609 (Technical Support) support@myflcourtaccess.com eFiling@BrowardClerk.org Click on Self-Help, refer to Family Law forms. Each document, upon acceptance, will be time stamped and added to the case progress docket. Your best chance for having a restraining order dropped is at the 15-day hearing, which is why you dont want to complicate matters prior to that meeting. This means that no matter which county you live in or which courthouse you use to file for an injunction, you will find the same types of injunctions available. 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. PRC040001234. Berkeley's Boalt Hall. The Temporary Injunction, sometimes referred to as a Temporary Restraining Order, or TRO, will state that the Respondent must stay at least 500 feet away from the Petitioner and any addresses that are listed, and must turn-in any firearms Respondent possesses, among other conditions. I followed it to a "T". No, there is no fee associated in filing a restraining order. If you want to explore your options to file a motion to dismiss a restraining order, the St. Petersburg criminal attorneys at Goldman Wetzel might be able to help. The Clerk of Court staff is not able to provide assistance with ePortal related issues and inquiries. Heathrow - Seminole Depending on the evidence you present and the severity of the actions, the judge may also give an indefinite injunction. She holds both an M.A. You need to ask the clerk at the courthouse for a request form for the type of restraining order you wish to file. 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. Contact a criminal defense today for professional legal representation. Below you will find helpful information and forms to assist you. However, if the package is not complete it will be placed in the case file unsigned. For further assistance relating to legal resources and forms, please visit the Self Help Equal Access Center - Law Library. Additional information can be found on the Broward Clerk's website Quick Links. You can get an injunction against anyone who intentionally, maliciously and repeatedly follows, harasses or cyberstalks you. If there is an issue with the document, and it is removed and/or replaced or if additional documents are added to the filing you will receive a new timestamp for the filing. Charged With A DUI But You Werent Driving? If youve been served with a restraining order, dont try to go it alone. As the victim of domestic violence in Broward County, you may choose to file restraining orders or protective orders. Types of Restraining Orders or Injunctions Issued by the Florida Court System. Whether youre in Orange, Broward, Palm Beach, or some other Florida county, the process for filing a restraining order is remarkably similar. The time length of a restraining order can be from several days to several years. A restraining order is a ruling by a court of law that prohibits a person from stalking or intentionally causing harm to another. You should file for an injunction in the county where you live, the county where the abuser lives or in the place where the abuse occurred. This project was supported by Award No. 1. Read More: How to Ask for an Injunction to Be Removed in Florida. A restraining order, also known as a protective order, is something used by the court to protect a person or entity. 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. What are some guidelines for preparing documents that will be attached to E-Portal filings? A Step-by-Step Guide to Filing a Restraining Order In RI, A Step-by-Step Guide to Getting Restraining Orders In Los Angeles, What Are the Types of Restraining Orders and How to File, How to File Out-of-State Restraining Orders Fast, Request a Restraining Order in Colorado Without a Lawyer, File Restraining Orders in Kentucky in Less Than 5 Minutes, Get a Temporary Restraining Order in Texas Fast, How to Pay Your Houston Water Bills Online Hassle-Free, How to Remove My Case From The Internet Instantly, How to Recover Your Forgotten Workday Password Hassle-Free, How to Stay In Touch With Inmates at Clements Unit, Sending Money to an Inmate Has Never Been Easier, how much it costs to get a restraining order, what happens if a restraining order is violated. How do I submit proposed orders in Broward County? Lakeland - Polk 1102 South Florida Ave Lakeland, FL 33803. Florida state statute 741.31 makes it a misdemeanor of the first degree for most violations of restraining orders. The filing is electronically delivered to the Clerk's inbox. A responsive, knowledgeable and skilled attorney. Assuming that your facts persuade the court that you are a victim of domestic violence or risk such violence, it will issue a temporary injunction, ordering the abuser to stay away from you. This is a serious crime and there are many punishments that can result from breaking your order. For this reason, having the assistance of an experienced Miami-Dade County/Broward County/ South Florida lawyer is imperative. Administration; Child Protective Investigation Section; Civil Division; Community Programs; Dept of Preparedness and Response; Detention; Executive Command Staff Vary your routes to and from work. What training training videos and materials are aviailable for E-Filing? . The only requirement is an internet connection and a browser. Click here for instructions on how to enable javascript. Meeting singles, florida speed dating. Under FSS 784.048, its a third-degree felony for the respondent of a restraining order to stalk the petitioner, punishable by up to five years in prison and $5,000 in fines. Also, appear in person at one of the following Domestic Violence Service Locations to file a Petition for Violation of Injunction. After you fill them out, the clerk presents the paperwork to the judge who must review it and decide whether to approve or deny a temporary injunction. Each lead document filed is considered a separate transaction and, once accepted, an entry is made on the progress docket of the case. The temporary or ex parte injunction is a court order designed to provide you and your family members with immediate protection from the abuser. The perpetrator risks being jailed for up to one year as provided under sections 741.28-741.34 of the Florida Criminal Code. 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. You need to visit the courthouse in your county. What happens after I eFile my petition on a Domestic Violence matter? When filing a Notice of Confidential Information as required by Florida Rule of Judicial Administration 2.420, it must be filed as a separate document in the transaction. Make sure they have specific restraining order law experience. 5. If this is for a new case filing, wait to get your case number before filing the addendum on that case. 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. Public Records Custodian Pursuant to 119.12(2), F.S. His sincerity, empathy and commitment to advocating on my behalf were apparent. Information on Restraining Orders | Broward Sheriff's Office On this section of the Broward Sheriff's Office website, you can learn more about the restraining order process in Broward County. The associated issuance fees will be automatically calculated. You may also need one from the other party's county or the county where the abuse took place. Teo Spengler earned a J.D. Either the judge does not believe there is enough reason to extend the injunction, or the petitioner has decided its no longer needed. For filings in the Probate/Mental Health division, attach unsigned proposed orders to the motion. Our son was distraught and frightened and Matt was very reassuring and supportive. Aside from getting protection against stalkers or abusers with DoNotPay Restraining Orders, you can use our other products to help make your life easier. Civil - Effective 04/01/2013, E-Filing is mandated for attorneys. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. The clerks office will send the completed package to the judge. previously closed by local emergency orders, have been reopened.Local jurisdictions retain some rights to impose guidelines and restrictions. The National Domestic Violence Hotline provides 24/hour crisis counseling and can connect you with local resources. This prevents the abuser from causing more harm. Legal Aid Service of Broward County provides free civil legal services to eligible residents of Broward County who are victims of crime. The petitioner will have to request an extension if they believe the restraining order is necessary. For filings in the Circuit Criminal Felony division, send proposed orders directly to the judge. Protective Orders are injunctions (often called "restraining orders") used in Florida to protect victims of domestic violence, dating violence, repeat violence, sexual violence or stalking. Broward in July ordered restaurants to shut down for on-site dining to combat the pandemic, but restaurants could continue to operate for take-out, drive-thru and delivery services. After the hearing, you should review the injunction and check for anything that needs to be added. A restraining order prevents any contact or communication between two or more people. You can do so online or appear in person. JUSTICE CENTER: TYPES OF RESTRAINING ORDERS ACCEPTED FOR FILING: VENUE: (File your case at the Justice Center where the person you want restrained lives or harassment / abuse took place) Lamoreaux Justice Center. The Clerk of Court staff is not able to give assistance with E-Portal related issues and inquiries. Children are not allowed in the courtrooms or hearing rooms without a motion to be heard prior to the hearing and order allowing them to testify. When your safety or that of your family is at stake, it is important to have the attorney guiding you and fighting for you. and an M.F.A in creative writing and enjoys writing legal blogs and articles. Install new deadbolt locks on doors, secure all windows and glass doors. After a charge or arrest for domestic violence, the abuser may still find ways to cause harm. The Clerk will not send proposed orders in the Civil/Family divisions to the judge. One of the most common threats faced after ending a violent relationship is stalking. Can a single filing apply to more than one case? The court recommends that you arrive as early as possible since the injunction process can take longer than you might think. The division judges are located on the 10th floor of the west wing of the main courthouse in Fort Lauderdale. (954) 831-6565. Our free broward county, 2014 humane society of the hope fair housing center serving broward county darting association is a safe bet. If you feel threatened and suspect that the abuser could follow you and cause harm as you leave the courthouse, request to be accompanied to your car. The primary types of injunctions are: Injunctions for protection against violence are intended to stop violence or abuse from a family member or someone who lives in your household. If accepted by the Clerk, the filing will be docketed and appear in the Clerks case maintenance system. Learn more about Remote Court Hearings by Zoom. Probate/Mental Health: Emergency motions that require immediate judicial review should be E-Filed. Broward Legal Directory is a free resource for anyone wanting information about legal issues in Broward County, Florida. Injunctions for protection in Florida are products of state, not local, laws. If you have reason to believe your computer is not secure; you may wish to use a computer your abuser does not access. The Florida Courts E-Filing Portal, developed by the Florida Court Clerks and Comptrollers Services Group has been identified as the statewide E-Filing portal. 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. Filing a Restraining Order in Florida. 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. What to do if my filing is sent to the Pending Queue in the portal? If either a Temporary Injunction or an Order Setting Hearing is entered, the court will schedule the hearing within 15 calendar days from the date the petition was filed. This does not apply to Circuit Criminal Felony or Traffic and Misdemeanor case types. Although Ahamad was charged with violation of a restraining order, Broward's court system . 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. Everything You Need to Know About Brandishing a Weapon or Pulling a Gun. Notice is given to the other person of the time and place of the final hearing. 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 . "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. To have your summons issued bring your documents to the Juvenile Division in room 5180. Yes, you may upload several lead documents for the same case number during the E-Filing process, not to exceed 50 MB. If you are served with the injunction, its important that you dont argue or become confrontational with the police. A restraining order prevents any contact or communication between two or more people. The parties will display. Physical description of respondent, including height, weight, scars, date of birth, etc. You must have solid proofto convince the judge for you to get a restraining order. Stay safe! Copyright 2023 Weinstein Legal. The attorney should contact the department with the filing reference number to expedite the filing due to the emergency nature of the filing. Filing a Request for a Restraining Order STEP 1. For ePortal technical support, attorneys may contact the Florida Courts eFiling Portal via email support@myflcourtaccess.com, or call the Florida Courts eFiling Portal Support Desk at 850-577-4609. It can also be applied in situations where the petitioner seeks a restraining order on behalf of a minor child living in the home. When you contact them, by calling (954-764-8310) or emailing, you will be required to pay the BCBA a $50 administrative fee before a lawyer referral can be given. A Temporary Restraining Order (TRO) can be granted immediately without a hearing and without any notice to the opposing party. For an injunction for protection against stalking/cyberstalking, you don't need to have any particular relationship with the abuser. Sign uptoday to learn how you and your family can be safe. Through an automated platform, you can easily hire an attorney to help you with filling out the required forms and also present your case in court. You will be required to keep one copy at all times while the second copy will be issued to the accused through your local law enforcement agency. Is your court hearing being held via Zoom? If you live in Broward County, you can visit the Judicial Complex West Building Domestic Violence Division at 201 SE 6th Street, 2nd floor, Room 02140 in Fort Lauderdale. How do I register as an attorney appearing Pro Hac Vice? If you or someone you know is subject to a protective order, or is in a violent . However, the basic procedure is the same in all counties and courts in Florida, including Broward County.
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