If the injunction is made permanent, the petitioner can get it dismissed upon request, or a judge can revoke it. 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. A restraining order, also known as a protective order, is something used by the court to protect a person or entity. Send email to eFiling@browardclerk.org if you have any other questions related to the processing of your filing. Search Records This is for individuals or companies that are r egistered agents with the Broward County Records Taxes and Treasury Recording Office. 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. An injunction is sometimes referred to as a restraining order and basically does the same thing. You need to ask the clerk at the courthouse for a request form for the type of restraining order you wish to file. I am not saying my child didnt have a breakdown. You can also get this type of injunction if you reasonably believe that you may become a victim of this type of abuse. The victim must take the stamped ticket to the first floor of the East Garage to receive validation. She holds both an M.A. The person filing the order is referred to as the petitioner, and the defendant is the respondent. If you are seeking tips on how to fight a restraining order, understand that the legal system can be extremely complex. INSTRUCTIONS When filing a complaint, bring the following with you: If a Restraining Order (Injunction) is granted, there will be a hearing in 15 days or fewer. For more information related to restraining order cases, see this page which contains relevant Broward cases. Obtain the proper forms. 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. Its simply a document stating that you can be arrested for violating its terms. Multiple pleadings cannot be combined and must be filed as separate documents. Driver license or identification which includes your picture and signature. Dating violence (Florida Statutes 784) means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. This does not apply to Circuit Criminal Felony or Traffic and Misdemeanor case types. Court Locations to Request Restraining Orders. 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. Fill Out Your Court Forms and Prepare to File 1. 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. Pursuant to Administrative Order 2018-74-UFC, Starting January 1, 2019, an individual seeking a civil domestic violence injunction between the hours of 5:00 p.m. to 8:30 a.m. on Monday to Thursday, or 5:00 p.m. Friday to 8:30 a.m. Monday, or any court holiday, or any other day that the court is closed is advised to contact Women In Distress of Broward County, Inc. Crisis Line at 954-761-1133. Newly E-Filed cases will not be recognized in the portal until the next business day following the clerk's acceptance. "Notice of Intent to File in Complex Business & Tort Division". FTN Bae was arrested and booked into the Broward County Jail on Friday. Protective injunctions in the state of Florida are also known as orders for protection or restraining orders. Thank you Mathew!! The person filing the order is referred to as the petitioner, and the defendant is the respondent. 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. Do I have to follow-up my E-Filing with a paper filing? Proposed orders attached to other documents will be placed in the case file unsigned. Copyright 2023 Weinstein Legal. The exact duration will be indicated in the order. This prevents them from inflicting physical or emotional harm on the complainant. An Injunction for Protection is a Court Order, often referred to as a restraining order, which places restrictions on an individual who has allegedly committed acts or made threats of violence against another individual. A motion is sometimes described to people who do not have an attorney representing them as a "letter to the judge." Restraining the respondent from committing any acts of domestic violence. How to Apply. File the petition for an injunction with the court clerk at the main Broward Courthouse in room 2140 or at the West Satellite Courthouse. Your attorney can help prevent you from offering information that can hurt any criminal cases pending against you. Domestic Violence (Florida Statutes 741) means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit. 1. Once a restraining order is granted, the person causing harm will be issued with a court order that prohibits them from being near you. A dating relationship must have existed within the past six months. Matthew and his team made calls and were very persistent. Stalking Restraining Order or Harassment. You don't have to be living with the abuser or married to him. One of the acts must have been in the last six months. Services Coordinator, Broward County Library at phone 954-357-6230 fax 954-357-6257 or VBRYANT@broward.org. The Superior Court of California, County of Los Angeles Self-Help Center / Family Law Facilitator Office Version: 1.2.2022-11-06.09:50.PST.PROD . A restraining order is an order of protection issued by the Florida circuit court. Injunctions against dating violence protect you if you have been abused by someone you were in a continuing and significant romantic relationship with during the past six months. If you have been served with a restraining order, its to your benefit to hire a criminal defense lawyer before this hearing, even if you dont intend to fight it. We contacted our attorney in the state where we live and he recommended Matt to us. The Clerk of Court staff is not able to provide assistance with ePortal related issues and inquiries. The attorney should contact the department with the filing reference number to expedite the filing due to the emergency nature of the filing. Orange, CA. Note that the injunction process will be slightly different depending on the specifics of your relationship with the abuser and whether you are married to him. The associated issuance fees will be automatically calculated. The respondents attorney can also petition the courts to dismiss the injunction if it is unjust or causes an undue hardship on the recipient. What training training videos and materials are aviailable for E-Filing? The decision is made the same day, and Petitioner/counsel is responsible for obtaining a copy of the ruling along with all associated documents. 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. 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. Once the account has been established the designated Account Administrator will receive an email response with the E-Portal login information. Broward County Clerk of Courts. Do the attachments to a motion, opposition or other filings have to be uploaded separately? Awarding to the petitioner the temporary exclusive use and possession of the dwelling that the parties share or excluding the respondent from the residence of the petitioner. Please refer to the 17th Judicial Circuit Administrative Order Establishing Electronic Filing Procedure for more information. 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. To have your summons issued bring your documents to the Juvenile Division in room 5180. Directions To Parking Garage at 540 SE 3rd Avenue. Call us today at (727) 828-3900 to schedule a free consultation. Permanent injunctions can last for a year or longer. For information and procedures on obtaining a Restraining Order, call the Domestic Violence Department at 954-831-5570 between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday. The petitioners will be in our office approximately 30 minutes to an hour filling out paperwork. Attorney Eric M. Matheny has been named among the "Best Criminal Lawyers in Miami" three years in a row: 2017, 2018 and 2019, by Expertise.com. Do not violate the restraining order in an attempt to get the petitioner to withdraw the order. This can open you to a violation of a restraining order charge or a charge of witness tampering if there are pending criminal charges already against you. Read More Contact 954-953-1297 Reviews 3.9 20 peer n/a 5.0 13 Avvo 1 Award The restraining order process for domestic violence cases A domestic violence restraining order can provide you with protection right away. A filer electronically files documents to the Florida Courts E-Filing Portal at www.myflcourtaccess.com. You can do so online or appear in person. With an insider's perspective on the justice system, he has the ability to assess the strengths and weaknesses of a case to make . When filing for an injunction in Florida, petitioners often choose the wrong lawyer or choose to file their petition without professional help. What about the Notice of Confidential Information? Florida Courts E-Filer User Manual starting on page 126. The Seventeenth Judicial Circuit of Florida created specialized domestic violence divisions to deal exclusively with family violence issues. His performance in court was outstanding and gave me a big victory. Find the best ones near you. CASE TYPES FOR INJUNCTIONS. To obtain a Restraining Order, you may eFile your pleadings utilizing the ePortal filing system or appear in person at one of the following Domestic Violence Service Locations, excluding Courthouse Holidays. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. 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. 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. Each document, upon acceptance, will be time stamped and added to the case progress docket. If the distance between you and your neighbor is within the distance specified on the restraining order, then he or she will have to move until the order is lifted. 341 The City Drive. Filing a Request for a Restraining Order STEP 1. With this type of restraining order, a parent can be ordered to stay away from a child until a ruling is made. Additional information can be found on the Broward Clerk's website Quick Links. Instead, contact this office by phone or in writing. 2023 - All rights reserved, Follow this link to skip to the main content. Follow up hard-copy paper filing is not required for E-Filing. Contact a criminal defense lawyer who has experience with getting restraining orders dismissed. There is no need to set up individual E-Portal Law Firm accounts with every county. If you are a victim of sexual violence and have reported the incident to the police, you can file for an injunction against sexual violence. 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. 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. In addition, Emergency Motions that require immediate judicial review must also be submitted manually. How long will it take to file the petition? Either the judge does not believe there is enough reason to extend the injunction, or the petitioner has decided its no longer needed. 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 . 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. An out-of-state attorney who has filed a Motion to Appear Pro Hac Vice and sent a copy of the motion to the Florida Bar, they will be assigned a PHV number that can be used to register with the Portal. One way to seek help is to speak with an experienced Broward County attorney to learn how Florida law can protect you. 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. Depending on the evidence you present and the severity of the actions, the judge may also give an indefinite injunction. The Probate Smart Forms require a format with no dashes, e.g. Here are the four types of Florida restraining orderslaws: If you are wondering how long does a restraining order last, here is what you need to know: If granted, a restraining order can last for one year or more. But she did. Will copies of Traffic and Misdemeanor case files or citations be available in the courtroom for defense attorneys to view? Copyright - BrowardLegalDirectory.com - 2023. Yes, you may upload several lead documents for the same case number during the E-Filing process, not to exceed 50 MB. 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. We have helped over 300,000 people with their problems. That wasn't. Broward Legal Directory is a free resource for anyone wanting information about legal issues in Broward County, Florida. The temporary or ex parte injunction is a court order designed to provide you and your family members with immediate protection from the abuser. However, DoNotPay helps you get a restraining order in Broward Countyhassle-free. and an M.F.A in creative writing and enjoys writing legal blogs and articles. (954) 831-6565. If someone is abusing you, stalking or harassing you, a Florida injunction is likely available t0 help protect you. All others must file their own petition. 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. What is a Probate and Guardianship Smart Form? The Florida criminal justice system makes it extraordinarily easy for the alleged victims of domestic crimes and other offenses to obtain restraining orders. If a case is consolidated with others by court order, then a document can be filed in the lead case. Types of Restraining Orders or Injunctions Issued by the Florida Court System. Law Librarians are available to assist you in locating legal resources and forms. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. On the website, click Wisconsin on the drop-down menu, then . Mathew did an amazing job in court. You must maintain the originally signed documents in your files for a prescribed period of time. It is a legal document issued by the court that stops a person from coming within a certain distance from you. Court records for this case are available from Escambia County Courthouse. Sponsored by Legal Aid Service of Broward County, Inc. and the State of Florida. Under Court rules, all filings associated with one pleading or paper are one document. Under the Domestic Violence Prevention Act, abuse is defined as any of the following: Intentionally or recklessly causing or attempting to cause bodily injury. I followed it to a "T". Injunctions are commonly referred to as restraining orders. The Florida State Courts System's Self-Help Center is your online guide to help direct you through the court system. If you are filing a pleading that has an associated smart form, the Clerk will not accept any other document. Ultimately, Matt was able to negotiate a pretrial diversion program where all charges will be dismissed once my son has completed a 6 month program. Park in well-lit areas. contact the Florida Courts eFiling Portal via email support@myflcourtaccess.com, or call the What Do You Need to File a Restraining Order? 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. If accepted by the Clerk, the filing will be docketed and appear in the Clerks case maintenance system. This includes filings for existing cases in Circuit Criminal Felony, Juvenile Delinquency and Traffic & Misdemeanor. FORT LAUDERDALE, Fla. - Detectives who are searching for a Broward County murder victim found the body of a woman on Wednesday in Miami-Dade County's Carol City area, the Broward Sheriff's. 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. Read More: How to Ask for an Injunction to Be Removed in Florida. 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. 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. For the courts to issue a sexual violence injunction, the petitioner must be the alleged victim of sexual violence or seek a restraining order on behalf of a minor child who has been the alleged victim of a sex crime. As new forms are available they will be posted on the 17th Judicial Circuit Court website. It is intended to protect the victim of the abuse and keep her safe in the future. 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. My reservations were quickly eased during my initial consultation. Fort Lauderdale personal injury & criminal defense law firm Weinstein Legal will aggressively defend your rights. Broward County restraining orders are handled by the Broward County Clerk of Courts. This includes filings for new and existing Juvenile Dependency and Adoption case types. Sit back and relax while we do the work. Permanent restraining orders can be issued for a number of years. The court schedules a hearing to give all sides an opportunity to appear and be heard. This includes filings for new and existing cases in Circuit Civil, County Civil, Family, Domestic Violence, Probate, Guardianship and certain Mental Health cases. If you want to be notified you MUST register by calling 1-855-948-7648 or visiting www.vinelink.com. "Serve" Your Papers on the Restrained Person STEP 4. We received a return call in minutes and Matt was able to visit our son a few hours later after finishing representing other clients in court. The Clerk will not send proposed orders in the Civil/Family divisions to the judge.