Florida Domestic Violence and Options for a Restraining Order

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Domestic violence issues often lead to the victim seeking protection through a restraining order. In Florida, the restraining order is actually an injunction that establishes prohibitions on the parties communicating with one another and can put limitations regarding violence. The injunction is designed to protect the alleged victim from the offending party by placing geographical limitations, weapon possession and other limitations on the other party. When domestic violence is prevalent with both parties, then often both sides will file for an injunction against one another.

In Jacksonville, Florida, to file for an injunction you must go to to the City Hall Annex located next to the Duval County Courthouse. You must file a petition for the injunction and if you are concerned for the safety of your children, you want to seek the injunction for yourself and for your children. Once you fill out the petition you meet with a caseworker that will then interview you to get additional information. The caseworker may then, based on his/her knowledge and experience, issue a temporary injunction and provide you with a court date. The petition and court date will then be served on the other party.

Once you have a court date, you should speak with a lawyer to find out your rights and options and how the proceeding works.