CASE TYPES FOR INJUNCTIONS. Do I have to follow-up my E-Filing with a paper filing? They are the Broward County courts that hear petitions for the establishment of injunctions for protection against domestic violence, repeat violence, dating violence, sexual violence and stalking. How Do You Beat a Drug Trafficking Charge in Florida? 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 . You can apply for different types of injunctions in Florida, depending on the circumstances of the case. And you don't need an attorney to file the paperwork, but it does help to have an advocate from a domestic violence assistance program to talk you through the process. Sexual assault. Injunctions are commonly referred to as restraining orders. Specific locations where abuse or threats occurred. The exception to the one pleading one document rule would be for "Traffic and Misdemeanor Civil and Criminal Traffic pleadings only", an Attorney's Notice of Appearance, Written Plea of Not Guilty, Demand for Jury Trial, will be accepted and processed as a multiple pleading document. There is no fee at all to file for a domestic violence injunction in Florida. The Self Help Unit provides local and Florida Supreme Court approved Family Law Forms for a fee to those who choose to represent themselves or cannot afford an attorney. Documents should be a standard size of 8 x 11 inches as defined in RJA 2.520, Black and white, non-color documents are recommended, Scanned documents should be at a resolution of 300 DPI as defined in the State of Florida Electronic Records and Records Management Practices. You can apply for different types of injunctions in Florida, depending on the circumstances of the case. The good news is, the Broward County Bar Association has a lawyer referral and information service where they will match your legal need with an experienced attorney in the relevant area of the law. What are some guidelines for preparing documents that will be attached to E-Portal filings? Also, the counsel is served with a similar copy, You may also consider hiring an attorney to help you with the case, Drivers license or notification that bears your photo and signature, The abuser's current residence and contact info. Why do I have to redact personal identifying information? Can I file multiple pleadings in the same case in the same transaction? (954) 831-6565. When your safety or that of your family is at stake, it is important to have the attorney guiding you and fighting for you. With an insider's perspective on the justice system, he has the ability to assess the strengths and weaknesses of a case to make . These types of orders prohibit the abuser, usually in domestic violence or battery cases, from coming near the victim. What happens after I eFile my petition on a Domestic Violence matter? New users may register at www.myflcourtaccess.com. The Restraining Order Application Process Whether you're in Orange, Broward, Palm Beach, or some other Florida county, the process for filinga restraining order is remarkably similar. 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. This prevents the abuser from causing more harm. We provide information about local vendors, Judges, public databases, and legal topics ranging from real estate, personal injury, car accidents, probate, to slip and falls, and other common legal issues faced by Broward County residents and non-residents. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. To remove or block information from public record, complete form 404-64. Public Records Custodian Pursuant to 119.12(2), F.S. Sit back and relax while we do the work. The clerk will electronically affix the required stamps, seals and signatures. Case information and electronic documents/images filed after 01/06/2014 will be available for viewing via the Public Access Terminals located at all four Broward Courthouse service locations or on the Clerk of Courts website. Make it clear that you have experienced abuse; detail the abuse, including dates if possible; and explain in your paperwork why you are in danger of future abuse. Restraining orders can protect you from your neighbor at a certain distance. For a petitioner to qualify for a dating violence injunction, they must have been in a romantic relationship with the respondent within the past six months. A responsive, knowledgeable and skilled attorney. Install new deadbolt locks on doors, secure all windows and glass doors. VOCA-2022-917 awarded by the Office for Victims of Crime, Office of Justice Programs. You might need a restraining order if an individual harasses you in any way or intentionally threatens to harm your family or destroy your property. Local domestic violence programs can help you find the court and guide you through this process. Cyberstalking is defined as commiting a series of acts that communicate words, images or language through the internet directed at you that causes you substantial emotional distress. Make arrangements through the local police department if you need to pick up clothing or other belongings from your home. from U.C. When you request a restraining order, you are asking the judge to restrict another person's freedom. If youve been served with a domestic violence injunction or another type of restraining order, its vital you dont make matters worse for yourself by inadvertently or intentionally violating it. Sponsored by Legal Aid Service of Broward County, Inc. and the State of Florida. Fort Lauderdale personal injury & criminal defense law firm Weinstein Legal will aggressively defend your rights. Fill out the required forms and submit them online or through the office, The decision will be made the same day and a copy of the ruling given to the accused. If you fear for your safety, or for the safety of your children, our strong recommendation is to seek immediate help. You may file a Sexual Violence restraining order if any one of the following has occurred: In addition, you must have reported the incident to law enforcement and be cooperating in any criminal proceedings or the Respondent must have been sentenced to prison and the term expired or is due to expire within 90 days. 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. If a filing is rejected or not accepted by the Clerks office, refer to the Working Filings in the Correction Queue section of the
The law does not give the judge the authority to restrict someone's freedom because that person lies, sleeps with other women, is mean to the kids, stays out all night . If you live in the Fort Lauderdale area, get injunctions for protection at the Broward County Central Courthouse in Fort Lauderdale. Can a single filing apply to more than one case? NEXT MEETING: Next Meeting: Thursday, September 17, 2020 Time: 10:00 AM to 12PM Location: TBA Contact: Miriam.Rosario@myflfamilies.com Cell: (561) 459-6098 David.Draper@myflfamilies.com Phone: (407) 317-7335, Cell: 407-222-5270 Our son was distraught and frightened and Matt was very reassuring and supportive. If you have questions or feedback about E-Filing with the statewide portal please send them to support@myflcourtaccess.com. For filings in the Probate/Mental Health division, attach unsigned proposed orders to the motion. Each lead document filed is considered a separate transaction and, once accepted, an entry is made on the progress docket of the case. A lewd or lascivious act, committed upon or in the presence of a person younger than 16, Any other forcible felony wherein a sexual act is committed or attempted, Additional forms including Family, Landlord/Tenant, Criminal, Probate and Guardianship, Traffic, and much more, Print materials, online databases and resources, self-help publications, Westlaw and Lexis, Law Librarians available to direct you to resources related to your legal information needs. We provide holistic legal services to victims of eligible non-intimate partner crimes such as: *Note: because of Covid-19 our offices are closed for walk-ins, please call 954.736.2418 for assistance. I am not saying my child didnt have a breakdown. On 06/01/2010 SANTANA, ROBERT filed a Family - Other Family court case against SANTANA, ANN M in Escambia County Courts. You also get to know how a restraining order worksin different states. How Does a Restraining Order Work and How to File? 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. A restraining order prevents any contact or communication between two or more people. An injunction is sometimes referred to as a restraining order and basically does the same thing. A Broward man hit with restraining orders by his parents killed his father, police say By David J. Neal. Information will be updated as E-Filing starts in additional divisions. Regardless of whether you agree with the type or terms of the restraining order, violating a restraining order can result in an arrest and additional criminal charges. If you have obtained a non-confidential TRO (Temporary Restraining Order), you can register to be notified when the TRO has been served by law enforcement. Is your court hearing being held via Zoom? Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 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. An injunction is a court order, also referred to as a restraining order, that directs a person not to have any contact with you. The electronically issued documents will be returned to the filer via email notification and will be sent to all email accounts as registered in the portal. Find information about additional steps to take after filing a petition. Pursuant to Florida Supreme Court order, fees cannot be charged for E-Filing; only statutorily mandated filing fees can be charged. First, choose your state: . Training Materials and Manuals and Training Videos are available on the Florida Courts E-Filing Portal website. File a petition in a court of law, specifically in the domestic violence unit. Protective injunctions in the state of Florida are also known as orders for protection or restraining orders. How to Apply. Make sure they have specific restraining order law experience. The Florida State Courts System's Self-Help Center is your online guide to help direct you through the court system. In general, to have a protection order modified or dismissed, the person who wants the modification or dismissal must file a written motion with the court in the county where the order of protection was issued. The circumstances surrounding the offense determines the type of injunction: A domestic violence injunction requires that the petitioner meets the legal definition of a domestic relationship with the respondent. 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. Proposed orders filed to other documents will be placed in the case file unsigned. If you are seeking to modify or lift a no contact order then contact Moses & Rooth. Florida law allows a Circuit Court Judge to issue four different types of injunctions. Florida Supreme Court Approved Family Law Form 12.980(t), Petition for Injunction for Protection Against Stalking (11/15) 2. Free parking is provided for victims attending injunction court hearings as well as filing injunction petitions. The term restraining order and injunction are often used interchangeably in criminal law. If a document exceeds 50 MB, it must be broken in parts and filed in separate transactions as an addendum with a memo or cover sheet indicating that it is a continuation of the other filing. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. The Law Firm Administrator access will allow the user to update the firm's account, reset the firm user password, inactivate attorney accounts and add additional attorney accounts to the firm. Injunctions for protection in Florida are products of state, not local, laws. Below you will find helpful information and forms to assist you. We have helped over 300,000 people with their problems. Click on Self-Help, refer to Family Law forms. If granted, a permanent injunction can remain valid forever or until the court is given a good reason to change the terms of the injunction or to remove it entirely. 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. Justin was referred to me by a friend who had been represented by him and enthusiastically encouraged me to connect with him when I was wary of pursuing legal action. Multiple pleadings cannot be combined and must be filed as separate documents. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. How do I submit proposed orders in Broward County? In addition, you should check with the court to know how much it costs to get a restraining order. The court grants a restraining order to place restrictions on a person who makes another person feel unsafe. For this reason, having the assistance of an experienced Miami-Dade County/Broward County/ South Florida lawyer is imperative. Avoid contact even if the petitioner says that they will meet with you. Broward County restraining ordersare guided by Florida laws. You should protect your children by informing their school, teachers, babysitters, and neighbors about the restraining order. Typically, if an individual violates the Court order, criminal penalties can be charged against him. The Clerk then reviews the filing and either accepts it or pends the filing for corrections. For filings in the Circuit Criminal Felony division, send proposed orders directly to the judge. The order prohibited FTN Bae from contacting Doodie Lo, coming within 500 feet of him, and posting about him on social media. You need to ask the clerk at the courthouse for a request form for the type of restraining order you wish to file. If you are filing a pleading that has an associated smart form, the Clerk will not accept any other document. The respondents attorney can also petition the courts to dismiss the injunction if it is unjust or causes an undue hardship on the recipient. Your attorney can help prevent you from offering information that can hurt any criminal cases pending against you. What about the Notice of Confidential Information? If you still cannot verify your case or party information on the portal, you may be filing your case in a case type that is confidential or the case may be unavailable in the portals database. You should have the right attorney when filing for a restraining order. This does not mean that you, as the respondent, are guilty of any crime. You will be issued with two certified copies of the restraining order. 1. Broward County restraining orders are handled by the Broward County Clerk of Courts. The court recommends that you arrive as early as possible since the injunction process can take longer than you might think. If your filing has fees associated with it, you will not be able to select the party to file on behalf of and will have to submit the filing by traditional paper method with a filing fee. If you have reason to believe your computer is not secure; you may wish to use a computer your abuser does not access. It is a legal document issued by the court that stops a person from coming within a certain distance from you. Under the Domestic Violence Prevention Act, abuse is defined as any of the following: Intentionally or recklessly causing or attempting to cause bodily injury. You should hire an attorney to file a motion to terminate the permanent injunction. Florida has several types of restraining orders. Call the Florida Domestic Violence Hotline at 1-800-500-1119. Broward County Central Courthouse. Respondent's employer and employer's address and phone number, if possible. If a Domestic Violence incident occurs after hours, please refer to the After Hours phone number in the Contact Information section. You must maintain the originally signed documents in your files for a prescribed period of time. 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 Clerk of Court staff is not able to provide assistance with ePortal related issues and inquiries. These cases will help anyone dealing with issues related to the entry of a restaining order. The Court does not provide a free lawyer for you in domestic violence, family or civil cases. 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. All rights reserved.|Disclaimer|Privacy policy. This field is for validation purposes and should be left unchanged. General BrochureRise Victims Rights Brochure, 491 North State Road 7 | Plantation FL 33317, Call Us at: 954-765-8950 | Open Monday to Friday 9am 5pm, 2021 Legal Aid Service of Broward County |, 19th Annual For the Public Good Gala Fundraiser, 19th Annual For the Public Good Gala Fundraiser (Recap), 20th Annual For the Public Good Gala Fundraiser Recap, For the Public Good Diamond Level Sponsor, Crime victim facing eviction/foreclosure, unlawful detainer action, Restraining orders for the protection against stalking, repeat violence, sexual violence, and domestic violence, Broward County resident (or when crime occurred in Broward), For case eligibility questions call 954.736.2418, For assistance or to schedule an appointment call 954.736.2418. Do the attachments to a motion, opposition or other filings have to be uploaded separately? Email Ayo & Iken. If cases are not officially consolidated by court order with other cases, any document applying in several cases must be filed in each case. A motion is sometimes described to people who do not have an attorney representing them as a "letter to the judge." Heathrow - Seminole "Serve" Your Papers on the Restrained Person STEP 4. In many cases, the restraining order results from an alleged offense, like domestic battery, but thats not always the case. . The Domestic Violence Unit will validate your parking ticket. You can file for a restraining order at two locations in Broward County. The Probate Smart Forms require a format with no dashes, e.g. You need to visit the courthouse in your county. The attorney should contact the department with the filing reference number to expedite the filing due to the emergency nature of the filing. 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. Its simply a document stating that you can be arrested for violating its terms. For an injunction for protection against stalking/cyberstalking, you don't need to have any particular relationship with the abuser. 1. Our firm keeps your future in mind and always protects your rights. Repeat Violence means two incidents of violence or stalking committed by the respondent, one of which must have been within six months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member(s) that is a minor. Respondent's last known place of employment: The case number entry screen includes separate boxes for entry of discrete parts of the case number that will then be combined to produce the standardized Florida Uniform Case Number (UCN). Stay safe! Once I reached out to Matt he was back in touch within the hour. Also, give a copy to anyone being protected by the order. The clerk at the civil desk will give you three forms to complete: Easily File a Restraining Order in Texas Without a Lawyer, How to File a Restraining Order in California, File a Restraining Order In San Jose In Less Than 3 Minutes, What to Say In Court for a Restraining Order. Driver license or identification which includes your picture and signature. The existence of such a relationship shall be determined based on the consideration of all the following factors: Dating violence does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context. Florida state statute 741.31 makes it a misdemeanor of the first degree for most violations of restraining orders. Contact a Broward County Restraining Order Lawyer. . 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. 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. A law firm should consider having an alternate administrator to cover leave time, self-audit and manage workload. Civil - Effective 04/01/2013, E-Filing is mandated for attorneys. For ePortal technical support, attorneys may
You may contact the Women in Distress hotline for counseling and shelter at 954-761-1133, available 24 hours a day, 7 days a week. Instead, contact this office by phone or in writing. 2023 - All rights reserved, Follow this link to skip to the main content. Lakeland - Polk 1102 South Florida Ave Lakeland, FL 33803. We contacted our attorney in the state where we live and he recommended Matt to us. A Temporary Restraining Order (TRO) can be granted immediately without a hearing and without any notice to the opposing party. If you have a restraining order, keep it with you at all times. The filing is electronically delivered to the Clerk's inbox. Broward County Clerk of Courts 201 SE 6th St. Fort Lauderdale, FL 33301 (954) 831-6565 Restraining Orders | Broward County Sheriff's Office On this section of the Broward County Sheriff's Office website, you can learn more about injunctions for protection. 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. 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. During this period, the court sets a hearing date for a final injunction. Some of the main ways that people violate restraining orders are: Contacting the petitioner: the person who got the restraining order did it to intentionally stop contact. Residents of Broward County may protect themselves from the person threatening them by filing a restraining order, also known as an order of protection. Notice is given to the other person of the time and place of the final hearing. All restraining orders are intended to protect abuse victims, but not all orders to protect abuse victims are called restraining orders; orders of protection in Florida are termed injunctions. Temporary injunctions are valid for 15 days. At the Review & Submit screen, verify all information is correct. 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. Permanent restraining orders can be issued for a number of years. Call 954-845-0505 NOW. You can do so online or appear in person. Search public court records from Broward County Circuit in Florida online for free with easy to use case search tools for finding court cases and case summaries by case number, case name, party, attorney, judge, docket entry, filing date, courthouse, case type, party type, party representation, and more. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Find a lawyer near you. Based on the facts presented here, the judge decides whether or not a full injunction is granted and also decides the terms of the injunction if one is granted. On confidential cases, no case style or parties will display. Our son had been in substance abuse treatment for almost My son, a student at the University of Miami, was facing 2 serious drug related felonies. The petitioner will have to request an extension if they believe the restraining order is necessary. Most judges are reluctant to limit any individuals freedom indefinitely. Everything You Need to Know About Brandishing a Weapon or Pulling a Gun. Browardclerk.org Domestic Violence / Restraining Orders Information Broward County Central Courthouse Judicial Complex West Building Domestic Violence Division 201 SE 6th Street, 2nd Floor, Room: 02140 Fort Lauderdale, FL 33301 Phone Number: 954-831-5570 Hours of Operation: 8:30 a.m. - 7:00 p.m. (filings stop at 5:00 p.m.) West Regional Courthouse If you are seeking tips on how to fight a restraining order, understand that the legal system can be extremely complex. Such an order may be made when the victim suffers abuse while in their home. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. After the Court Hearing STEP 1. Instead, contact this office by phone or in writing. 2023 - All rights reserved, Follow this link to skip to the main content. Click here for additional information. You can also get this type of injunction if you reasonably believe that you may become a victim of this type of abuse. contact the Florida Courts eFiling Portal via email support@myflcourtaccess.com, or call the
Please refer to the 17th Judicial Circuit Administrative Order Establishing Electronic Filing Procedure for more information. Injunctions are commonly referred to as "restraining orders." Filing fees are paid by credit card or electronic withdrawal from a bank account. Read More Contact 954-953-1297 Reviews 3.9 20 peer n/a 5.0 13 Avvo 1 Award You can file a petition for this type of injunction if your abuser is a current or former spouse; any blood relative; any relative by marriage; any person who lives with you or has lived with you as if they were part of the family; and anyone you have a child with. Fill Out Your Court Forms and Prepare to File STEP 2. If the temporary injunction includes this provision, then a law enforcement officer will go home with you and make sure that person leaves the house. I followed it to a "T". While the process of getting a restraining order can be frustrating and time-consuming, you can get help from DoNotPay. The grounds for a restraining order in Florida vary. Matt was available throughout the process for consultations with both my son and his parents. With a restraining order, you can have peace, knowing that you are legally protected from the abuser. All that the court will have before it to make this decision is your forms, so you want to be sure t0 complete them thoroughly and in detail. You can also make copies and leave them at different places, including your workplace, at your office front desk, or your children's school. File Your Court Forms With the Court STEP 3. A restraining order, when requested by the alleged victim or petitioner, is free and very easy to file with the court, and if granted by the court gives the petitioner a significant strategical advantage. This includes filings for new and existing cases in Circuit Civil, County Civil, Family, Domestic Violence, Probate, Guardianship and certain Mental Health cases. Proposed orders attached to other documents will be placed in the case file unsigned. However, many types of injunctions have nothing to do with criminal law. Doodie Lo obtained the restraining order after FTN Bae allegedly threatened his life and family. Also, if you have reason to believe that your phone may be traced, vehicle, or any other electronic device, you may temporarily want to look into other means of communication and/or transportation. A restraining order, also known as a protective order, is something used by the court to protect a person or entity. Injunctions are commonly referred to as "restraining orders". Circuit or County Civil and Family: Requests for services such as copies of pleadings, certified or exemplified copies, record searches, Notice of Actions, Certificate of Mailing on Removal of Tenant Actions per FS 83.22(2); bonds, rent or any other court ordered monies to be deposited into the Court Registry must be manually submitted.