There are generally four types of restraining orders (also known as orders of protection against violence or domestic violence injunctions injunctions) in Florida. The four types issued depend on the relationship between the two people involved.
The types are domestic violence restraining orders, dating violence restraining orders, sexual violence restraining orders, and repeat violence restraining orders.
Domestic violence restraining orders can be issued when the Petitioner and the Respondent have either lived together or have a child together.
Dating violence restraining orders can be issued when the parties never lived together, were involved in a romantic relationship in the previous six months, and have no children together.
Sexual violence restraining orders are issued for victims of sexual violence.
Repeat violence restraining orders are issued for any other relationships, like friends, neighbors, or random stalkers.
However, in order to get a repeat violence restraining order, there must be at least two incidents of violence, like stalking, and at least one of them must have occurred in the previous six months.
If you believe you need a restraining order against a former romantic partner or a stalker, you can seek a restraining order in court. You can get a temporary restraining order almost immediately, as long as your Petition is valid under Florida law. The temporary restraining order will order your harasser to stay away from you and not contact you, and it will last for 15 days.
Before the temporary restraining order expires, there will be a court hearing on the permanent restraining order. The judge will listen to both sides and issue a ruling on the restraining order. It could be issued for life, or only for a period of time, depending on the testimony.
Call New Port Richey, Florida divorce attorney Dale Bernstein at 727-478-3250 if you believe you need a restraining order. He works in courts throughout Pasco, Hernando, Pinellas and Hillsborough Counties, and can help you with your restraining order.