Restraining Orders

Shelter House can provide victims of domestic violence and their children a variety of services. Their 24-hour hotline is 863-4777 or 1-800-44ABUSE (1-800-442-2873)

There is no filing fee required for filing a Restraining Order.

Sheriff service fee within the state of Florida - No Fee
If service is out of the state of Florida, you will need to contact the sheriff in the county where the other person lives, to find out what their fee is, and what method of payment they will accept. 

Requirements for Filing a Restraining Order:

• You must be 18 years of age to file a petition with the court. If you are under the age of 18 and have never been married or had the disabilities of nonage removed by a court, a parent or legal guardian must sign the petition on your behalf.
• You must meet the criteria as stated below for filing a restraining order against domestic violence, dating violence, repeat violence, sexual violence, or stalking.

Please be advised that your paperwork must be completed and filed with the Clerk no later than 4 p.m. Monday through Friday. 

You will be provided a reasonably private place to complete your petition for a restraining order. Once you have completed the required paperwork, your case will be submitted to the judge.

If a person is the victim of any acts of domestic violence or has reason to believe he or she is in imminent danger of becoming the victim of domestic violence (by a spouse, former spouse, person related by blood or marriage, person who is presently residing together as if a family or who has resided in the past as if a family member, or a person who has a child in common regardless of whether they have been married or have resided together at any time), that person meets the requirements for filing a restraining order for domestic violence. There is no filing fee for this request.

If a person is a victim of violence by an individual whom they have or have had a continuing and significant relationship of a romantic or intimate nature that has existed within the past 6 months, and the nature of the relationship can be characterized by the expectation of affection or sexual involvement between the parties, that person meets the requirements for filing a restraining order for dating violence. There is no filing fee for this request.

If a person has encountered two incidents of violence committed by the respondent, one of which must have been within 6 months of the filing of the petition, that person meets the requirements for filing a restraining order for repeat violence. The respondent is considered to be anyone other than a spouse, former spouse, person related by blood or marriage, person who is presently residing together as a family or who has resided in the past as a family, or a person who has a child in common regardless of whether they have been married or have resided together at any time. (i.e., neighbors, friends, business associates would be considered appropriate parties for a repeat violence case.) There is no filing fee for this request.

 Repeat Violence Packet

If a person has been a victim of sexual violence and has reported the sexual violence to a law enforcement agency and/or will be cooperating in the criminal proceeding, if there is one or if the respondent was sent to prison for committing a sexual violence crime against you or your minor child and the respondent is out or is getting out of prison within 90 days of your petition, that person meets the requirements for filing a restraining order for sexual violence. There is no filing fee for this request.

 Sexual Violence Packet

If a person is a victim of stalking or cyberstalking causing substantial emotional distress and serving no legitimate purpose, that person meets the requirements for filing a petition for injunction against stalking.

 Stalking Violence Packet

Obtaining an order from the court.  After filing your petition you will need to call or return to our office to check the status of your petition.

Temporary Injunction for Protection.  If the facts contained in your petition convinces the judge that you are entitled to a temporary injunction for protection, a temporary injunction will be issued without notice to the respondent. The temporary injunction will take effect immediately after the respondent is served with a copy of it. The temporary order only lasts until a hearing is held or for a period of 15 days, whichever comes first. If the judge signs a temporary order you will need to return to our office to receive your copy which will have the hearing date and time on it. You must be present at the hearing if you wish to continue the restraining order. Failure to appear may result in the restraining order being dismissed and you may be ordered to pay the costs involved. You should keep at least one certified  copy of the restraining order with you at all times. At the hearing, the judge will hear testimony from both parties and may decide to continue the restraining order or dismiss it.

Order Setting Hearing on the Petition without Issuance of an Interim Temporary Injunction.  If the judge concludes there is no sufficient factual basis upon which to enter a temporary injunction for protection then the judge may enter an order setting hearing on the petition without issuance of an interim temporary injunction for may be ordered. A hearing will be set and the respondent will be served with a copy of it. If the judge signs an order setting hearing you will need to return to our office to receive your copy which will have the hearing date and time on it. You must be present at the hearing. Failure to appear may result in the case being dismissed and you may be ordered to pay the costs involved. At the hearing, the judge will hear testimony from both parties and may decide to issue a restraining order or dismiss it.

Order Denying Petition for Injunction.  If the court finds, upon review of the petition, that the petitioner has failed to comply with one or more of the statutory requirements applicable to that petition then the judge will issue an order denying petition for injunction for protection.

A permanent restraining order shall remain in full force and effect until further order of the court.

Violation of the Restraining Order.  If you have a temporary or permanent restraining order, and the restraining order is violated by the respondent, you should report the violation to the sheriff's department. You will also need to come to the Clerk's office and complete an Affidavit of Violation of Restraining Order. The affidavit will be sent to the office of the State Attorney for review.

Dismissal of the Restraining Order.  If you desire to have your restraining order dismissed, you should come to the Clerk's office and complete a Civil Drop Charge statement. The case will then be set for a hearing and the petitioner and respondent will be notified of the court date.