The temporary or ex parte injunction is a court order designed to provide you and your family members with immediate protection from the abuser. A restraining order is an order of protection issued by the Florida circuit court. However, many types of injunctions have nothing to do with criminal law. Please note that existing cases will require a court order for them to be deemed complex. "Serve" Your Papers on the Restrained Person STEP 4. Repeat Violence (Florida Statutes 784) means any assault, battery, sexual battery, or stalking by a person against any other person. How do I notify the court that my new case meets the criteria for filing in Complex Business & Tort divisions? The clerks office will send the completed package to the judge. When you request a restraining order, you are asking the judge to restrict another person's freedom. To establish an E-Portal account for your law firm, designate someone from within your law firm to serve as the Account Administrator, fill out the ePortal Law Firm Registration Form (please print clearly or type) and submit the completed form to [email protected]. Find the best ones near you. Answer a few easy questions on our File a Restraining Order product. You MUST be in line by 3:00 p.m., in order for your forms to be reviewed and sent up to the courtroom by 3:30 p.m. Filing a Restraining Order in Florida. Public Records Custodian Pursuant to 119.12(2), F.S. 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. The order prohibited FTN Bae from contacting Doodie Lo, coming within 500 feet of him, and posting about him on social media. Will copies of Traffic and Misdemeanor case files or citations be available in the courtroom for defense attorneys to view? Broward County Man charged with beating estranged wife, threatening to kill her and police, cops say . Sponsored by Legal Aid Service of Broward County, Inc. and the State of Florida. Throughout, he maintained consistent communication each step of the way until my case was resolved. A Temporary Restraining Order (TRO) can be granted immediately without a hearing and without any notice to the opposing party. The Florida criminal justice system makes it extraordinarily easy for the alleged victims of domestic crimes and other offenses to obtain restraining orders. This is a serious crime and there are many punishments that can result from breaking your order. Under Court rules, all filings associated with one pleading or paper are one document. The whole process can take a few weeks to months, depending on how complicated your case is. Each document, upon acceptance, will be time stamped and added to the case progress docket. Keep your restraining order text focused on violence or threats of violence. Our son was distraught and frightened and Matt was very reassuring and supportive. 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. You also get to know how a restraining order worksin different states. Mathew is really eloquent and smart. This includes filings for existing cases in Circuit Criminal Felony, Juvenile Delinquency and Traffic & Misdemeanor. He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor charges. With this type of restraining order, a parent can be ordered to stay away from a child until a ruling is made. You will be required to keep one copy at all times while the second copy will be issued to the accused through your local law enforcement agency. It is the filer's responsibility to supply copies, as required for service, to their process server of choice. The victims must park in the jury parking garage located east of the Courthouse at 540 SE 3rd Avenue, obtain a parking ticket and bring it with you. If you are filing a pleading that has an associated smart form, the Clerk will not accept any other document. Injured? How do I register as an attorney appearing Pro Hac Vice? This does not apply to Circuit Criminal Felony or Traffic and Misdemeanor case types. 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. We contacted our attorney in the state where we live and he recommended Matt to us. Pursuant to Florida Supreme Court order, fees cannot be charged for E-Filing; only statutorily mandated filing fees can be charged. 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. Broward County restraining orders are handled by the Broward County Clerk of Courts. New users may register at www.myflcourtaccess.com. If you have a restraining order, keep it with you at all times. 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 division judges are located on the 10th floor of the west wing of the main courthouse in Fort Lauderdale. It is a legal document issued by the court that stops a person from coming within a certain distance from you. 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. Find an Attorney for Protective Orders in Broward County, FL. You can file for an injunction against repeat violence if someone has been violent toward you, or stalked you or someone in your family at least two times. Fill Out Your Court Forms and Prepare to File 1. Submit any photographs, police reports or medical reports you have that substantiate your claims. Protective injunctions in the state of Florida are also known as orders for protection or restraining orders. Respondent's vehicle information including make, model, color, year, and tag number. 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. All rights reserved.|Disclaimer|Privacy policy. Broward County Clerk of Courts. If a Domestic Violence incident occurs after hours, please refer to the After Hours phone number in the Contact Information section. For ePortal technical support, attorneys may contact the Florida Courts eFiling Portal via email [email protected], or call the Florida Courts eFiling Portal Support Desk at 850-577-4609. You can visit their website for more information about filing a restraining order in Broward County, Florida. 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. If a restraining order is violated, the case is treated as a first-degree misdemeanor offense. 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. A responsive, knowledgeable and skilled attorney. Your best chance for having a restraining order dropped is at the 15-day hearing, which is why you dont want to complicate matters prior to that meeting. 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. 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. The decision is made the same day, and Petitioner/counsel is responsible for obtaining a copy of the ruling along with all associated documents. All others must file their own petition. Specific locations where abuse or threats occurred. Trim all trees and shrubbery for an unobstructed view of the property surrounding the home. he really cares and goes beyond 100% to help his clients. 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. File a petition in a court of law, specifically in the domestic violence unit. The Clerk of Court staff is not able to give assistance with E-Portal related issues and inquiries. The reason the clerk has pended the filing appears at the top. Berkeley's Boalt Hall. For support and safety tips, you can chat at loveisrespect.org, text "LOVEIS" to 22522, or call 1-866-331-9474. 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. Below you will find helpful information and forms to assist you. This is punishable by up to a year in county jail and $1,000 in fines. The court order may also prohibit the abuser from communicating with you, either via message or call. No, there is no fee associated in filing a restraining order. Email Ayo & Iken. 1. Effective 01/06/2014 all new Traffic and Misdemeanor cases will be filed in electronic format and the clerk will no longer have paper files available for viewing in the courtroom. When your safety or that of your family is at stake, it is important to have the attorney guiding you and fighting for you. 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. This field is for validation purposes and should be left unchanged. I followed it to a "T". Filing fees will not be assessed for any rejected (Pending Queue) filings. The Seventeenth Judicial Circuit of Florida created specialized domestic violence divisions to deal exclusively with family violence issues. During this period, the court sets a hearing date for a final injunction. To have your summons issued bring your documents to the Juvenile Division in room 5180. The court may ask you how long you want the injunction to last and what terms you want included, so be prepared to answer these questions. If youve been served with a restraining order, dont just assume your criminal defense lawyer will be able to assist you. 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. The pro se self-help staff does not provide legal advice. NEXT MEETING: Next Meeting: Thursday, September 17, 2020 Time: 10:00 AM to 12PM Location: TBA Contact: [email protected] Cell: (561) 459-6098 [email protected] Phone: (407) 317-7335, Cell: 407-222-5270 A law firm should consider having an alternate administrator to cover leave time, self-audit and manage workload. What case number format is used for E-Filing? In addition, you should check with the court to know how much it costs to get a restraining order. Criminal - Effective 01/06/2014, E-Filing is mandated for attorneys. She holds both an M.A. Find information about additional steps to take after filing a petition. Juvenile Dependency and Adoptions - Effective 01/06/2014, E-Filing is mandated for attorneys. With an insider's perspective on the justice system, he has the ability to assess the strengths and weaknesses of a case to make . 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 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. Make arrangements through the local police department if you need to pick up clothing or other belongings from your home. Proposed orders filed to other documents will be placed in the case file unsigned. 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. Call 954-845-0505 NOW. However, the basic procedure is the same in all counties and courts in Florida, including Broward County. Typically, if an individual violates the Court order, criminal penalties can be charged against him. The pleading must indicate that it is a consolidated case and include the consolidated case number. Please refer to the 17th Judicial Circuit Administrative Order Establishing Electronic Filing Procedure for more information. The Domestic Violence Department Team helps those affected by domestic; repeat, sexual, dating and stalking violence obtain injunctions for protection. 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. Teo Spengler earned a J.D. A Broward man hit with restraining orders by his parents killed his father, police say By David J. Neal. 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. Orange, CA. Send email to [email protected] if you have any other questions related to the processing of your filing. The Domestic Violence Unit will validate your parking ticket. Protective Orders are injunctions (often called "restraining orders") used in Florida to protect victims of domestic violence, dating violence, repeat violence, sexual violence or stalking. How do I submit documents to be issued in Broward County? Depending on the evidence you present and the severity of the actions, the judge may also give an indefinite injunction. 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. Keep in mind that you can't just bring the police in and start taking legal action right away. Sign uptoday to learn how you and your family can be safe. If you want to be notified you MUST register by calling 1-855-948-7648 or visiting www.vinelink.com. Install new deadbolt locks on doors, secure all windows and glass doors. 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. What to do if my filing is sent to the Pending Queue in the portal? You should have the right attorney when filing for a restraining order. Log in, How to get a restraining order in Florida, How to Get a Restraining Order in Florida, Where to file a restraining order in Broward County. Information will be updated as E-Filing starts in additional divisions. 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. He is the best !! If there are two prior convictions for violation of the restraining order against the same victim, the third violation is charged as a felony of the third degree, punishable by up to five years in prison and $5,000 in fines. Im still baffled how a medical professional (term used loosely) can influence so many, manipulate and down right lie. Change your telephone number. Read More: How to Ask for an Injunction to Be Removed in Florida. Once a restraining order is granted, the person causing harm will be issued with a court order that prohibits them from being near you. Read More Contact 954-953-1297 Reviews 3.9 20 peer n/a 5.0 13 Avvo 1 Award For filings in the Circuit Civil or County Civil and Family divisions, send proposed orders directly to the judge. Below we have compiled a list of case law related to restraining orders and divorce in Broward County. 1. Children are not allowed in the courtrooms or hearing rooms without a motion to be heard prior to the hearing and order allowing them to testify. 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. Also, give a copy to anyone being protected by the order. The exact duration will be indicated in the order. The court recommends that you arrive as early as possible since the injunction process can take longer than you might think. Can a Restraining Order Force Someone to Move? No matter the name, these orders are meant to protect those who have been the victim of certain types of abuse. My reservations were quickly eased during my initial consultation. Click on Self-Help, refer to Family Law forms. In many cases, the restraining order results from an alleged offense, like domestic battery, but thats not always the case. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. 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 have questions or feedback about E-Filing with the statewide portal please send them to [email protected]. FTN Bae was arrested and booked into the Broward County Jail on Friday. Vary your routes to and from work. If you are seeking to modify or lift a no contact order then contact Moses & Rooth. This includes filings for new and existing Juvenile Dependency and Adoption case types. The main courthouse in Fort Lauderdale and the West Regional Courthouse in Plantation. Restraining order 20-10, and we came up view calendar nothing for staff dating app to improve. 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. Respondent's last known place of employment: An attorney is not required in order to file for a restraining order. 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. You should file for an injunction in the county where you live, the county where the abuser lives or in the place where the abuse occurred. Civil - Effective 04/01/2013, E-Filing is mandated for attorneys. You don't have to be living with the abuser or married to him. 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. Avoid contact even if the petitioner says that they will meet with you. A motion is sometimes described to people who do not have an attorney representing them as a "letter to the judge." Arrested? A permanent restraining order (also known as a permanent injunction) can be permanent until modified by a court or until such time indicated in the final order (for example, if the judge issued the restraining order for 5 years). But what happens if a restraining order is violated? Search Records This is for individuals or companies that are r egistered agents with the Broward County Records Taxes and Treasury Recording Office. Each type of injunction is designed to prevent or . 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. Click here for instructions on how to enable javascript. Public Access to Judicial Records Pursuant To Rule 2.420, Under Florida law, email addresses are public records. After a charge or arrest for domestic violence, the abuser may still find ways to cause harm. 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. Click here for instructions on how to enable javascript. Most judges are reluctant to limit any individuals freedom indefinitely. This self-help forms pack is available for you to download free of charge. 201 SE 6th St. Fort Lauderdale, FL 33301. Easily Request a Restraining Order In Broward County. In most cases, the officers serving the injunction will have no specific knowledge of the allegations against you, and you could end up hurting your position or even getting arrested. If the respondent violates the restraining order, you should call law enforcement and report the incident. The clerk will not send proposed orders to the judge. We have helped over 300,000 people with their problems. When you contact them, by calling (954-764-8310) or. Multiple pleadings cannot be combined and must be filed as separate documents. 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. Follow up hard-copy paper filing is not required for E-Filing. If this is for a new case filing, wait to get your case number before filing the addendum on that case. 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. 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. The clerk at the civil desk will give you three forms to complete: Rules & Laws If you are representing yourself in a domestic abuse or harassment case, you must follow the same laws and rules as a lawyer. No issued documents will be forwarded to the sheriff or other process servers. The clerk will electronically affix the required stamps, seals and signatures. 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. All Divisions Effective 06/21/2014, E-Filing is optional for Pro Se Litigants (Self-Represented parties). Instead, contact this office by phone or in writing. 2023 - All rights reserved, Follow this link to skip to the main content. Each document electronically filed must be submitted as individual transactions. Your first payment will not be charged to your account until the filing is successfully accepted by the clerk. And if you arent represented, contact an experienced restraining order attorney near you today. Find a lawyer near you. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. You need to go to a court in the area where you are currently living or to the place where your abuser lives or even to the place where the abuse occurred. Results may vary depending on the browser used. Parties must have never lived together, as defined under domestic violence. If you live in the Fort Lauderdale area, get injunctions for protection at the Broward County Central Courthouse in Fort Lauderdale. 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. 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. 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. Stalking is when someone repeatedly follows, harasses, or makes threats against you (Coleman, 1997). The court schedules a hearing to give all sides an opportunity to appear and be heard. 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. 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. How can I get a restraining order removed from my Broward County, Florida public record? As the victim of domestic violence in Broward County, you may choose to file restraining orders or protective orders. The filing is electronically delivered to the Clerk's inbox. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. 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. A copy of the restraining order should always be in your possession and a copy should be on file with the police in the area where you live. For that money, you will get to consult with the attorney by phone or in person at the attorneys office for up to 30 minutes. 3) Call our office (813-276-8100), say "Restraining Order" and our 24/7 system will prompt you for your case number. File Your Court Forms With the Court STEP 3. The petitioners will be in our office approximately 30 minutes to an hour filling out paperwork. The perpetrator risks being jailed for up to one year as provided under sections 741.28-741.34 of the Florida Criminal Code. 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. The forms are hard-coded to only allow 12 characters. A restraining order may include requirements that restrain the Respondent from further acts of violence; order the Respondent to leave a shared dwelling; prevent the Respondent from coming to your home, school, or place of employment; and/or award temporary custody of minor child(ren). 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. The victim must take the stamped ticket to the first floor of the East Garage to receive validation. Choose the appropriate Document Group type from the dropdown list and then choose the appropriate Document Type for that group. Once all information has been verified, scroll to the bottom of the window and click Confirm and Submit all Now to resubmit your revised filing. What happens after I eFile my petition on a Domestic Violence matter? For more information related to restraining order cases, see this page which contains relevant Broward cases. However, if the package is not complete it will be placed in the case file unsigned. If youve been served with a restraining order: Do not fall victim to deception.
