How do I file for an Injunction for Protection (Restraining Order) in Duval County?
Filing for a restraining order (injunction for protection) in Duval County was designed to be a straightforward process that does not require the assistance of an attorney. Injunctions for protection, commonly referred to as restraining orders are legal devices that can ultimately involve jail to protect individuals who have been victims of violence or are fearful of becoming a victim. Injunctions are issued when the court agrees that the person seeking the injunction is a victim of violence or reasonably believes he/she is in imminent danger of becoming a victim of violence. The court then restrains the other party from coming into contact with the victim and/or coming near the victim.
Filing a Petition for Injuntion at the Courthouse
In order to gain access to these protections you must go down to the courthouse and file a Petition for Injunction. The paperwork for the petition is fairly straightforward and in most cases does not require the assistance of an attorney. Staff at the courthouse can assist with completing the Petition for Injunction. The process is relatively ease so that people who cannot afford to hire an attorney can still seek protection from violence. That said, many people seeking an injunction do hire a family law attorney to assist them, either with the hearing on the Petition for Injunction or for a divorce case that is also needed.
There are four types of injunctions/restraining orders in Florida, issued for: domestic violence; dating violence; sexual violence; and repeat violence.
You will need to select which of these applies to you and complete the petition that applies to your situation.
· A domestic violence petition is used when you and the respondent have been living together as a family, whether married or not, or lived together as a family in the past, and/or if you have a child or children together.
· A dating violence petition is for those who have been dating but have not lived together within the last 6 months.
· A sexual violence petition is used for those who have been a victim of sexual assault or abuse (you are not required to file criminal charges).
· A repeat violence petition is for any of the other types of stalking or violence between friends, neighbors, coworkers, etc. In order for it to be considered repeat violence, there must be at least two incidents within the last six months.
What’s Included in the Petition Requirements?
The petition requires information like petitioner (you), the respondent (the individual you want restrained), addresses, place of employment, children’s names (if applicable), and a description of the respondent so that police may find him or her. There will also be a paragraph detailing the reasons why you are seeking the petition. It must be detailed, contain the nature of the relationship between you and the individual, and the date or dates of the incident(s). You must be as detailed as possible when explaining the situation because a judge will review the petition and decide whether or not to enter a Temporary Injunction based on this information.
Temporary Restraining Order Injunctions
After reviewing the petition, the judge may or may not grant the petition and enter a Temporary Injunction. A Temporary Injunction is just that – a temporary court order that sets out what the type of contact the respondent may or may not have with the petitioner. If the petition is granted on a temporary basis, the judge will then issue a Temporary Injunction against the respondent that will be in place for 14 days.
The judge will then set a hearing 14 days from the date the judge signs the Temporary Injunction, so that a full hearing can take place and both parties can testify and present evidence. The respondent will be served with a copy of the petition, along with the Temporary Injunction. Once he or she is served, the terms and conditions of the Temporary Injunction are in place and he or she must comply with them. If, however, the respondent cannot be located and served prior to the hearing, the temporary injunction will be extended for another 14 days. It is important to remember that the Temporary Injunction is not enforceable until the respondent has been served with it by law enforcement. That is why it is important to put the correct contact information for the respondent in the petition so that he or she can be found and served. Filing a restraining order in Jacksonville, for example, where there is a large population can be problematic, as it is sometimes difficult for police to easily locate the individual.
If the respondent is served with the petition and Temporary Injunction, you will need to use the 14 day period to prepare for the hearing. At this point, you may wish to hire an attorney to represent you at the hearing. Your attorney will help you better understand what you will need for the hearing. It is generally better to have everything/everyone you might need: witnesses; video evidence; phone records; text messages; social media posts; and anything else that would be evidence of abuse and violence. Your attorney knows the procedures needed to collect and verify evidence that the court will require and can prepare you and your witnesses to testify. Evidence must be presented which supports the allegations in the petition for injunction. Usually, the court will not want to hear “new” evidence or evidence other than what is contained in the petition for injunction, which is why it is so important to include everything in petition.
In general, the injunction procedure is very straightforward and completing and filing the petition can be done without an attorney. While it is not necessary to work with an attorney to file a petition for injunction in Duval County, you should strongly consider having an attorney representing you at the hearing after the Temporary Injunction is issued by the court. The outcome of the hearing is extremely important and can have a significant effect on your safety and well-being, so if you do not feel confident on your own then by all means seek help. When your life and the lives of your family members are at stake there is no reason not to ask for help.
For more information on how to file for an injunction directly in Duval County, please visit http://www2.duvalclerk.com/departments/domestic-violence/ or call the injunction clerk at (904) 255-2210.
How much you have to pay to get one?
A restraining order is free. There’s not even a filing fee from the Clerk!
Thanks for stopping by and enjoy your week.
My 17 yr old daughter was dating this guy for 4 months she broke it off because he threatened her and told her to kill her self verbally, he was smart enough not to put things in writing . After changing her number blocking him on social media she is scared of him. She wants a restraining order but does not want to see him in court . Can we get one ?
Thank you for contacting Norman Law. Your daughter may be able to obtain a restraining order (injunction) based on stalking. An attorney is not needed to file for an injunction, you can do so yourself at the Courthouse. The petition will be filed and forwarded to a Judge to determine whether to issue a temporary injunction and set a hearing, deny a temporary injunction and set a hearing, or deny a temporary injunction and not set a hearing. You may also wish to contact the Jacksonville Sheriff’s Office to pursue potential criminal charges against him.
I don’t know if a restraining order can be issued. My wife has been secretly visiting an ex in the Florida State Prison. He is incarcerated for sexual assault on a child under 12. I have a 12 yr old daughter and a 9 yr old son. I am afraid that if my wife is close to him, he may come around when he is released. I am in fear of my kids.
I’m sorry to hear about your stressful sounding situation. It might be best to wait until he is released. It also sounds like he may need a consultation for a re-divorce. Please contact my office if you’d like and we can discuss all available options.
My son live with me he has getting angry and tour of stuff in my house I want to put a restraining order on him is that possible by him living with me
Thank you for contacting Norman Law. Even though your son is living with you, you can petition the court for an injunction (restraining order). You do not need an attorney to do so, you can complete the paperwork at the courthouse and they will assist with getting everything filed. If he is violent, you should not hesitate to call the police.
Hallo can i fiele restraining order against my Son he is mentally abusive and coast me alot off trouble.im scare at him that he is going to do some more .
You can file at the Courthouse (there’s no charge to file). Here’s the link:
What if the offender is in a different state? Do I have any recourse to stop cyber stalking. This has been gong on since 1999 and he just hand wrote a letter to my house (because I have tried to block internet) and I have been there less than a year!
I appreciate your question, Shill.
I do not practice in other states, and all states have different laws. You may want to contact law enforcement and/or an attorney in the state/city where he lives. Best of luck.
what if its the boyfriend of my stepdaughter who snuck into my house through the bedroom window, when i caught him inside the closet the kick him out he looked at me like he’s going to hit me which gave me chills, daughter is out of the house but im afraid they might come back and i have other 2 teenage kids, my daughter couldnt sleep bec of that incident
I do not believe under Florida law you would be able to obtain an injunction. Hopefully, you reported the incident to the police so there is a record. You may be able to issue a trespass warning against him, but that is not an injunction or family law matter, so you may wish to consult your local sheriff’s office to determine if this is an option. Obviously, if your stepdaughter has a key to the house, you should change the locks.
How can you tell if someone has been served?
Generally speaking, you may not know if the respondent is served until you appear for the hearing on the injunction. The information may be available on-line via the Clerk’s docket, but depending on when service took place, you may not actually know until the hearing.
hello my husband is being a huge jerk and wants to file a restraining order against my best friend for no reason smh. the story is entirely to long to explain. but hes definitely doing it out of hate. he doesn’t want her around OUR children which is very pathetic. she hasn’t done anything at all to him! all is because she cheated on her boy friend and he doesn’t like that fact that she did. smh hes trying to control my life and friendship with her. shes not a violent person. and she has always been there for us. can he file a restraining order against her for no reason???
I am sorry you are dealing with this, but from what you have told me, he will not be able to get an injunction (restraining order) against her. He can file a petition requesting one, but I would expect it to be denied without even needing a hearing. Just because he doesn’t like her is not enough of a reason.
We moved into our neighborhood a year ago. The male neighbor next door lives with the woman who owns the house. He does not work and is home all day. He is in effect stalking our family, especially the minor children. We have asked both the man and woman not to make photos or videos of our 9 year old son.while he is walking down the sidewalk in front of their house. They became enraged over this. Today we received a No Trespass Notice filed against us and our minor children. None of us have ever been inside their house or in their yard except on two occasions when he invited us to look at his backyard “garden.” What is our recourse? We would like to get a restraining order or even a no trespass order against them since they seem to be overly interested in our young son. These same neighbors also filed a No Trespass Order against the people who live across the street from us. What shouild we do?
I am sorry to hear you are dealing with this situation with your neighbors. The trespass notice is not something that is part of a family law practice, so unfortunately I am not able to give you advice on how to handle that issues. With respect to the restraining order (injunction), you will need to go to the Duval County Courthouse to fill out the necessary petition to request an injunction on behalf of you and your son. The petition will either be granted and a hearing scheduled or it will be denied; if it is denied, the Court will usually provide a reason for the denial.
My son has been dealing with a bully at school. He has beat my son up one time, but is constantly threatening to do it again. Every single day for 2 and a half years I have had to hear about this kid threatening my son.
The school has a no contact order in place at the school, but there is nothing they can do off school property.
With only one physical incident, but multiple threats (no proof of threat, though…all verbal) would I be able to file a restraining order?
They are both 13.
I would recommend you file a petition for injunction, as it is certainly worth trying. This is done at the Courthouse, and you do not need an attorney to file the petition. A judge will then determine if a temporary injunction should be issued and a hearing scheduled.
When I file an injunction is it my responsibility to give it to the sheriff’s office to serve or is it automatic?
It is automatically sent to JSO for service.
Hello, I’m mostly just wondering if my case has grounds to file for a restraining order. There’s been a man who has been cyberstalking me for the last two years if not longer. I’ve blocked him on all social media but he has been sending me emails now for years. As time has gone on he’s become more delusional about our relationship – as I’ve never responded back to any of his emails – suggesting it’s a romantic one. He also began looking for me at places where the company I work for – they travel the country at various conferences and conventions – would be up north. Recently he’s moved to Florida and spent all day at my last place of work all day waiting for me to show up. My previous employers called me to let me know he was there and had been looking for me. Since we haven’t had any physical contact, and all the contact has been through emails, I’m not sure I have grounds to file for an order, nor do I really understand the process itself. Does your office handle restraining orders against non-involved individuals (we have never been in a romantic relationship at all)?
I am not clear from your email if you are a resident of Florida or not. Apparently he is, though. In any event, presuming you are a resident, you can file for a restraining order (also called an injunction) without using an attorney. There is a separate department at the Duval County Courthouse that will screen the facts to determine if you have the basis for an injunction and, if you do, will help you fill out the paperwork. Then a Judge will determine if the allegations are sufficient to enter a temporary injunction and set the matter for a hearing. This is the point where you may want to retain an attorney to assist you. I hope this answers your question.
Hi, can you please give me some advice. I have two sons – my husband has a restraining order against my youngest (he’s not allowed at our house at all). I have however nothing against this child, and do not see why I have to suffer (I am retired and at home, while my husband is still working) by not seeing my child. How can I get his court order altered, so that my son can come visit me at home in the week, when my husband’s not here? I want him to have full access to me. I was NOT aware that my husband was getting an injunction against him in the first place.
Second question: my oldest child and my husband are close, and see each other. This child however gave me the biggest insult a mother could get (I discovered my husband is transsexual, and this son told me I should celebrate his sexuality). He has not been violent against me, but insulted me in other ways also. Can I get an injunction order against him? I feel my youngest child has to suffer the shame of an injunction order, so why can’t the oldest also, who has caused me so much heartache?
Thank you very much.
Thank you for contacting Norman Law. I would be happy to discuss your situation with you and work with you towards a resolution of these issues. Please call the office at your convenience (904.306.9926) to schedule your free consultation.
Hi, I have a longstanding issue with an old friend. She is a very aggressive and mentally disturbed woman. She has been going through a very difficult divorce and custody battle, which put my family in the middle of all of it. We chose to completely separate ourselves from them, specifically her, as far as to change our numbers and move to another area. After 2 months of no contact, she has now resurfaced and is claiming I have done damage to her vehicle (no proof), contacted my husband and harassed him for 8 hours of constant messages a, etc. I fear she will do something in anger to me and my family, but I have no real concrete evidence. Is it worth me filing a protective order?
Thank you for contacting Norman Law. I am presuming you are in Florida, although it is not clear. Please know that the laws from each state are different, and if you are not in Florida, you may need to reach out to an attorney in your state. In Florida, you and/or your husband may be able to show the Court that this woman is stalking you. It is very fact specific, so prior actions by her as well as her current harassment would all need to be presented to the Court. Emails and text messages are admissible evidence. I would suggest you contact the Clerk’s office in your area to determine the process of filing for an injunction as each courthouse does handle things slightly differently. There is no cost to file a petition for an injunction, so it may be worth trying.
My ex called me at 11pm to come pick up our 6 year old daughter. There were cops there. When I got home my daughter told me she seen daddy and E hitting each other, that daddy pushed E down on the ground, that daddy kept slamming doors and I was so scared. He has also been diagnosed with bipolar disorder. I filed court documents months ago but still have no court date to try and get the parenting plan changed. But now I’m fearful of what he could possibly do and his state of mind right now and I would prefer for her not to be around him during this time and I don’t know what to do or what else I should file. I would like something like a temporary order of protection so that he cannot come near her until our court date. Is this possible and what should I file ?
Thank you for contacting Norman Law. I am sorry to hear that the court process is moving slowly for you. You may want to try to obtain an injunction against him on behalf of your daughter, but given that it has been months since the incident occurred you may not be granted an injunction. If other incidents have taken place since then, that may be persuasive to the court. In Duval County, you do not need an attorney to seek an injunction and the majority of the time attorneys are only involved if there is a hearing on the petition for injunction. You can go to the courthouse and fill out the paperwork; a judge will then determine if a temporary injunction is appropriate. If you would like assistance in moving forward with what you have already filed, please call the office and schedule a free consultation at your convenience.
Best of luck to you.
Hi. I need some advised please. The person I want to file an injuction against lives in a different county in the state of Florida. Do I have go to court in their county to file an injuction or can I do it from the county I live in. If so, how would that affect him being served with paperwork. Please let me know. Thank You.
Thank you for contacting Norman Law. You are able to file an injunction in the county in which you live; however, the respondent will need to be served in the county in which he/she lives. The petition will need to be forwarded to that county, which may cause it to take a little longer to have him/her served.
I was curious about a problem my wife has been having at work. One of her co-workers has been spreading lies about her. Accusing her of having extramarital relations and stealing items from her work. This has been going on for several months and has caused my wife severe stress. This lady even sent a letter to my work with the same lies. Last week it came to a head and her and my wife had a shouting match at work. Later both were threatened with termination. We spoke to HR, but they only told us that they should “attempt to get along”. I believe that this is a hostile work environment. Could we qualify for a stalking restraining order for this type of problem? We live in Duval County if that helps.
Thank you for contacting Norman Law. In order to qualify for a stalking injunction under Chapter 741.30, there must be a family or household relationship. Based on the facts you describe, I do not believe your wife would be able to get an injunction against her co-worker without an actual crime having been committed; the injunction would then be part of the criminal case. Whether or not the facts rise to the level of a crime that JSO and the State Attorney’s Office would prosecute, I do not know. Your wife may want to contact JSO through the non-emergency number and inquire about making a report. Another option would be to speak with an employment law attorney about HR’s actions/inactions.
My brother and his girlfriend continue to fight on my home I have three young children who continue to see this abuse can I get a restraining order on his girlfriend
Thank you for contacting Norman Law. Because there has not been violence between you and your brother’s girlfriend, I do not believe you would be granted an injunction (restraining order) against her. Your brother may be able to, if there has been violence. Also, if she is not a resident of your home, you can call the police and have her removed if she comes to your home against your wishes.
I have a problem with a woman who has repeatedly made false stalking accusations about me to have me arrested under false pretenses because her husband was having an affair with me. She made up a false break in story and lied to federal level authorities and claimed I broke into her house and also lied that I attempted to go to her children’s school, none of which are true and she has no factual evidence of. She was able to have me arrested based mostly on her lies, but the case against me was dismissed, after I consistently explained she had lied about me to stop her husband from having an affair with me. Her husband committed suicide over all of this. I just saw in recent court papers that she has continued to lie the same lies about me to try to make a motion to seal court proceedings in a separate civil matter she is involved in, but her motion to seal was denied anyway and so I just saw all of these latest court documents she intentionally lied about me in. Her lies about me also appeared in the media and have now made it impossible for me to find a job because when potential employers google me, all they see are her false accusations about me. What are my options to legally prohibit this woman from lying such serious lies about me? Can I show the media articles and court paper work where she lied about me to a judge to get an injunction? Should I bring a civil defamation suit against her? I would just like to prevent her from lying such damaging and criminal lies about me that have slowly eroded and ruined my life and I am unsure of what my legal options are to stop her from continuing to smear me like this.
Thank you for contacting Norman Law. I believe you would be able to obtain a stalking injunction against her, at a minimum. At the hearing on the injunction, you would be able to present your evidence to the judge. If the injunction is granted on a permanent basis, any violation of it by her in the future would be a crime. As I do not practice in areas other than family law, I am not able to give you advice on other legal remedies that may be available to you (defamation suit, criminal prosecution, etc.). I wish you the best of luck with this terrible situation.
Hey my husband had an affair and the woman is claiming to be pregnant. She has made verbal threats threw text messages to me and my husband. Making remarks to split my husbands head or to drag me or even for my husband to kill himself. She has even threatened to get other people to physically harm him. We have moved and she texted him and said she knows where he stays and quoted the street name. Will we be able to file a restraining order?
Thank you for contacting Norman Law. From the facts you describe, I believe you would be able to obtain a stalking injunction against this woman. You do not need a lawyer to file a petition for injunction, it is handled at the courthouse. Once filed, a judge will review it to determine if it is legally sufficient and, if so, will enter a temporary injunction and set the matter for a hearing.
Hi there, My name is Michael and i had a question regarding a restraining order and conjunction in Florida. I wanted to file, as my sister has(an conjunction), against my oldest brother who has threatened bodily and property harm against me. He has physically abused me and my sister during our teenage years, and even within the last several years he attacked me at our old house. when the police came, the police took photographs of blood and bruises at our previous home on me, but nothing ever came of it, and i am unsure why. nobody was arrested, and i acted in self defense. he had no visible injuries and was hurt which compounded my anxiety that he will do it again soon. i wanted to press charges but i forgot what happened with that case because of how brief my interaction with the police has been.(back in 2015 i believe) within the last several days he has been banging on my door threatning to make my life a ”living hell” at 4 am in the morning. i have told him repeatedly to stop talking to me or about me and he will not stop. Also, he threatened to destroy cars, ”diasble me” and make threats to hurt me (and my sister), with remarks such as ”you better watch out, im gonna make you miserable, sleep with one eye open, ill bury you” “deal with you” in a threatning tone and i am terrified of him. we live together, and he moved in after me with my parents during the pandemic. luckily my sister moved away but she has ptsd coming from him trying to hurt her. I once had to bust a door down where he was choking her and she was screaming. police did not do anything to help and he was let go again. he is not new to the court system, as he has multiple felony charges and is not a stranger to jail. i do my best to avoid him(i do not call him, text, or facebook him unless its very important) etc. i am afraid he is going to hurt me or my sister. can i file a restraining order and conjunction against him if we are living together? how would that work? i feel this is the only legal protection to get him out of my life, and my sisters, for good.
Thank you for contacting Norman Law. Yes, an injunction can be entered against your brother even though you live together. You do not need a lawyer to file for an injunction against someone, although you may want a lawyer to represent you at a hearing on the injunction. To file the injunction, you will need to go to the Clerk’s office and complete the paperwork. It will be reviewed by a judge who will determine whether or not to enter a temporary injunction and schedule a hearing. If a hearing is scheduled, we would be happy to set a free consultation with an attorney in our office to discuss your case.
Dear Sir, i am writing on behalf of my best friend. She and her ex boyfriend bought a home several years ago when they were together and both their names are listed on the property. They have since split up and for the most part he stays at his dads, however he is an abuser and feels like he can still come and go as he pleases and does so. He messes up her home, eats her food, and leaves his trash wherever it ends up. He is becoming more physically abusive towards her and is verbally abusive to her 16 yr old son. What can she do to stop him from just coming into her home whenever he feels like it?
Thank you for contacting Norman Law. As a starting point, if your friend is being physically abused, she needs to call the police. If a criminal case is opened, the Court will order that the ex-boyfriend have no contact with her, which would prohibit him from coming to the home.
If for whatever reason, she does not want to involve the police, she can contact the Clerk’s office to find out what she needs to do to file for an injunction against him. Otherwise, because he is part owner of the home, she cannot stop him from coming to the home.
I am currently living with a person I was previously in a same sex relationship. We met in October 2019 and was in a relationship up until early 2021. Although we are no longer in a relationship, he still sleeps in my bed although there’s been no physical intimacy. I am the homeowner and pay all household bills. He does not have a lease; his driver’s license is register to his grandmother will it cost to have representation address but has a few pieces of mail that come to the address. In the last couple of months, he has become both verbally and physically abusive. Last Friday, was the turning point and I called our local police, and three officers were sent to my home. A police report was written as a result. I was advised to file for a protection of order with the Duval County. My question is how much will it cost to have representation for the hearing?
Thank you for contacting Norman Law. We would be happy to discuss your case and the cost of representing you at the upcoming hearing. Please call our office at 904-306-9926 to schedule a free consultation. We look forward to hearing from you.
Thank you for contacting Norman Law. You can seek a restraining order (injunction) in Florida, but am not aware of the Clerk’s requirements for filing and attendance at a hearing as more things are being done in person rather than Zoom. I would suggest you contact the Duval County Clerk’s office for more information. You do not need an attorney to file for an injunction; however, you may wish to hire one for any hearing that is scheduled. As for the divorce, given that it is already proceeding in another state, Florida courts do not have jurisdiction over the divorce; I would recommend that you continue forward in that state. Please contact our office at 904-306-9926 if you would like to schedule a consultation.
How long does it usually take for a temporary injunction to be served to the defendant by JSO? If a temporary injunction/restraining order is not served how long is an injunction/restraining that has not been served good for? My understanding is after 14 days a temporary injunction/restraining order can get extended, but how many cycles of 14 days can it be extended before it is dismissed? If a temporary injunction/restraining order is not served to the defendant can a court date be set without notifying the person (defendant) for whom the temporary injunction/restraining order is for?
Thank you for contacting Norman Law. JSO is generally able to serve the Temporary Injunction within a couple of days of it being signed by the Judge. If it is not served, you will still need to appear for the hearing to be certain that the Judge extends the Temporary Injunction to allow JSO more time to have the Respondent served. There is not set number of times the Temporary Injunction can be extended, it is determined by the Judge on a case-by-case basis. The hearing cannot take place if the Respondent is not served and provided notice of the proceedings. You may want to hire a private investigator to help locate the Respondent is JSO is having difficulty finding him/her.