Restraining orders are most commonly used in situations such as domestic violence, stalking, and abuse. . The respondents attorney can also petition the courts to dismiss the injunction if it is unjust or causes an undue hardship on the recipient. Pursuant to Broward County Emergency Order 20-17, restaurants and food establishments are required to post a sign available in English, Spanish and Creole, and retail facilities are required to post a sign available in English, Spanish and Creole.These signs must be at least 8 x 11 in size and printed in color when possible. With a restraining order, you can have peace, knowing that you are legally protected from the abuser. She holds both an M.A. If the court rules in your favor, your injunction will last for the period you requested. What are some guidelines for preparing documents that will be attached to E-Portal filings? Home; Inside BSO. Injunctions are commonly referred to as restraining orders. Many temporary injunctions are dismissed after the 15 day period. Filing fees are not charged for credit card and bank account transactions until the Clerk accepts the filing. This prevents them from inflicting physical or emotional harm on the complainant. You can apply for different types of injunctions in Florida, depending on the circumstances of the case. At Schwartzreich & Associates, P.A., attorney Eric Schwartzreich understands the toll an arrest can take on all that you have . 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. For example, you can get the help of an attorney and file a restraining order in Californiaor Texaswith the help of our automated platform. Should You Hire a Criminal Defense Attorney Even If You Are Innocent? 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. Below we have compiled a list of case law related to restraining orders and divorce in Broward County. Besides helping you know when to file for a restraining order, the robot lawyer also lets you learn how to get a restraining order. How long will it take to file the petition? The clerks office will send the completed package to the judge. Specific locations where abuse or threats occurred. Get Ready and Go to Your Court Hearing STEP 5. Copyright - BrowardLegalDirectory.com - 2023. Injunctions for protection in Florida are products of state, not local, laws. previously closed by local emergency orders, have been reopened.Local jurisdictions retain some rights to impose guidelines and restrictions. Broward Legal Directory is a free resource for anyone wanting information about legal issues in Broward County, Florida. Permanent restraining orders can be issued for a number of years. The Clerk of Court staff is not able to give assistance with E-Portal related issues and inquiries. Respondent's last known place of employment: 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. Fill Out Your Court Forms and Prepare to File STEP 2. If the abuser lives with you, the order can also order him to move out. If you have reason to believe your computer is not secure; you may wish to use a computer your abuser does not access. A restraining order is a ruling by a court of law that prohibits a person from stalking or intentionally causing harm to another. There is no fee necessary to file a restraining order, but you will have to provide a photo ID. No matter the name, these orders are meant to protect those who have been the victim of certain types of abuse. After the hearing, you should review the injunction and check for anything that needs to be added. Can I file multiple pleadings in the same case in the same transaction? Public Access to Judicial Records Pursuant To Rule 2.420, Under Florida law, email addresses are public records. Mathew is really eloquent and smart. 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. If you are facing any issue wherever you are involving an abusive person, consider speaking with an experienced attorney to discuss your options in filing injunction or restraining order. The court grants a restraining order to place restrictions on a person who makes another person feel unsafe. If you have a restraining order, keep it with you at all times. Your attorney can help prevent you from offering information that can hurt any criminal cases pending against you. My reservations were quickly eased during my initial consultation. . Sign uptoday to learn how you and your family can be safe. The court will provide the petitioner with an emergency service packet to give to the police to serve the respondent. Stalking injunctions can be filed against anyone who has been allegedly stalking the respondent, regardless of the relationship or dating history. Matthew and his team made calls and were very persistent. 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. 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. File Your Court Forms With the Court STEP 3. The perpetrator risks being jailed for up to one year as provided under sections 741.28-741.34 of the Florida Criminal Code. Vary your routes to and from work. 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. For filings in the Circuit Criminal Felony division, send proposed orders directly to the judge. This is a serious crime and there are many punishments that can result from breaking your order. No issued documents will be forwarded to the sheriff or other process servers. Your first payment will not be charged to your account until the filing is successfully accepted by the clerk. Broward County Clerk of Courts. 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. 657-622-5720 or 657-622-5756. If this is for a new case filing, wait to get your case number before filing the addendum on that case. How to apply for a restraining order with the help of DoNotPay: And thats it! Broward County restraining orders are handled by the Broward County Clerk of Courts. Stalking Restraining Order or Harassment. To file a restraining order, you must go to a courthouse in the county where you currently live, your abuser lives, or the county where you were abused. Is your court hearing being held via Zoom? If you contact the petitioner online or in person, it is a violation. 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. His performance in court was outstanding and gave me a big victory. As the respondent of an injunction or the defendant of a criminal charge, you have legal rights. If you are 12 or older and someone has asked for a restraining order against you, you can go to court without a parent. That wasn't. Is your court hearing being held via Zoom? Below you will find Broward County's 2-digit Court Types: If you have verified you have the correct case number, click "OK" on the warning message. These types of orders prohibit the abuser, usually in domestic violence or battery cases, from coming near the victim. 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. A filer electronically files documents to the Florida Courts E-Filing Portal at www.myflcourtaccess.com. 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 . For filings in the Traffic and Misdemeanor division, send the proposed orders directly to the judge. As new forms are available they will be posted on the 17th Judicial Circuit Court website. Each document, upon acceptance, will be time stamped and added to the case progress docket. Registered Login Certificates of Title (CET) Track "Certificate of Titles" online! The time length of a restraining order can be from several days to several years. The court schedules a hearing to give all sides an opportunity to appear and be heard. Find information about additional steps to take after filing a petition. File a petition in a court of law, specifically in the domestic violence unit. What is a Probate and Guardianship Smart Form? In many cases, the restraining order results from an alleged offense, like domestic battery, but thats not always the case. The order prohibited FTN Bae from contacting Doodie Lo, coming within 500 feet of him, and posting about him on social media. How do I register as an attorney appearing Pro Hac Vice? Broward County 6400 N. Andrews Ave Suite 120 Fort Lauderdale, FL 33309. Sit back and relax while we do the work. Do not walk to your car alone. Directions To Parking Garage at 540 SE 3rd Avenue. This type of injunction requires that the petitioner was the victim of at least two incidents of stalking or violence within the past six months. DoNotPay will compile for you the forms you need to fill out and give you detailed instructions for how to file for a restraining order in your jurisdiction. Probate/Mental Health: Emergency motions that require immediate judicial review should be E-Filed. The main courthouse in Fort Lauderdale and the West Regional Courthouse in Plantation. One of the acts must have been in the last six months. We called after our son was arrested for a crime he committed nearly 9 months earlier. But what happens if a restraining order is violated? 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. Or you can go to the West Regional Courthouse at 100 N. Pine Island Road, Room 180 in Plantation, Florida. If you or someone you know is subject to a protective order, or is in a violent . Park in well-lit areas. 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. Call us today at (727) 828-3900 to schedule a free consultation. With an insider's perspective on the justice system, he has the ability to assess the strengths and weaknesses of a case to make . Florida Courts E-Filer User Manual starting on page 126. You can also make copies and leave them at different places, including your workplace, at your office front desk, or your children's school. It can also be applied in situations where the petitioner seeks a restraining order on behalf of a minor child living in the home. After the Court Hearing STEP 1. 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.