Additional information can be found on the Broward Clerk's website Quick Links. If you wish to be represented by a lawyer, it is your responsibility to hire a lawyer. In Florida, anyone can file for an injunction. Search Records This is for individuals or companies that are r egistered agents with the Broward County Records Taxes and Treasury Recording Office. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship. Click here for additional information. If a case is consolidated with others by court order, then a document can be filed in the lead case. It is the filer's responsibility to supply copies, as required for service, to their process server of choice. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. That wasn't. 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. Mathew is really eloquent and smart. 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. For this reason, having the assistance of an experienced Miami-Dade County/Broward County/ South Florida lawyer is imperative. They restrict the movement of one party and can be used to gain the upper hand in situations such as divorce and child custody matters. Laws & Rules on Domestic Abuse & Harassment The following is a list of some of the laws and rules about . Injunctions are commonly referred to as restraining orders. Broward County restraining orders are handled by the Broward County Clerk of Courts. Stay safe! Protective injunctions in the state of Florida are also known as orders for protection or restraining orders. Call 954-845-0505 NOW. Restraining orders can protect you from your neighbor at a certain distance. If the court does not deny the restraining order, a typical order lasts anywhere from three to five years. The restraining order process for domestic violence cases A domestic violence restraining order can provide you with protection right away. 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. To register as a new eFiling user go to www.myflcourtaccess.com, For Clerk of Court eFiling assistance, direct your inquiry to: eFiling@browardclerk.org. How Does a Restraining Order Work and How to File? When an E-Filing submission is moved to the Correction Queue in the portal, it is accompanied by a reason code for an issue that has been identified with the document that needs to be addressed before the filing is accepted. Learn how to reschedule a court date if you need more time to serve the other party or to respond to a restraining order or to hire an attorney. Search public court records from Broward County Circuit in Florida online for free with easy to use case search tools for finding court cases and case summaries by case number, case name, party, attorney, judge, docket entry, filing date, courthouse, case type, party type, party representation, and more. In addition, you should check with the court to know how much it costs to get a restraining order. Besides helping you know when to file for a restraining order, the robot lawyer also lets you learn how to get a restraining order. All filings prior to this date will be available in paper format and can be viewed from the division service location in which the case is filed. Public Records Custodian Pursuant to 119.12(2), F.S. The Clerk of Court staff is not able to provide assistance with ePortal related issues and inquiries. These cases will help anyone dealing with issues related to the entry of a restaining order. Either the judge does not believe there is enough reason to extend the injunction, or the petitioner has decided its no longer needed. Directions To Parking Garage at 540 SE 3rd Avenue. The clerk will not send proposed orders to the judge. My reservations were quickly eased during my initial consultation. If you or someone you know is subject to a protective order, or is in a violent . Click here for instructions on how to enable javascript. Install new deadbolt locks on doors, secure all windows and glass doors. 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. Children may not be left unattended. Results may vary depending on the browser used. Please refer to the 17th Judicial Circuit Administrative Order Establishing Electronic Filing Procedure for more information. 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. We can go over the details of your cases and help you develop the best strategy for lifting or modifying a restraining order. Injunctions are commonly referred to as "restraining orders." Find the best ones near you. [The case type and 'reference number' must be included in the subject line.]. If you have a restraining order, keep it with you at all times. Search for relationship protection on DoNotPay. How to file, how a Florida court decides cases, and impact on divorce and custody. "Serve" Your Papers on the Restrained Person STEP 4. With a restraining order, you can have peace, knowing that you are legally protected from the abuser. If you aren't certain if you qualify, talk to the law enforcement agency where you reported the violence for information. Throughout, he maintained consistent communication each step of the way until my case was resolved. 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. Submit any photographs, police reports or medical reports you have that substantiate your claims. If you contact the petitioner online or in person, it is a violation. Broward County Clerk of Courts 201 SE 6th St. Fort Lauderdale, FL 33301 (954) 831-6565 Restraining Orders | Broward County Sheriff's Office On this section of the Broward County Sheriff's Office website, you can learn more about injunctions for protection. he really cares and goes beyond 100% to help his clients. If the filing is pended, the filer is required to submit corrections within 5 days. His performance in court was outstanding and gave me a big victory. Under the Domestic Violence Prevention Act, abuse is defined as any of the following: Intentionally or recklessly causing or attempting to cause bodily injury. You can file for a restraining order at two locations in Broward County. 1 W Las Olas Boulevard, Suite 600, Fort Lauderdale, FL 33301 Open for Business Free Consultation A Law Firm practicing Restraining Orders law. Upon completion of your filing, we will stamp your parking ticket. The person getting the restraining order is called the "protected person." The person the restraining order is against is the "restrained person." The exception to the one pleading one document rule would be for "Traffic and Misdemeanor Civil and Criminal Traffic pleadings only", an Attorney's Notice of Appearance, Written Plea of Not Guilty, Demand for Jury Trial, will be accepted and processed as a multiple pleading document. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. For filings in the Circuit Civil or County Civil and Family divisions, send proposed orders directly to the judge. A Broward man hit with restraining orders by his parents killed his father, police say By David J. Neal. For filings in the Traffic and Misdemeanor division, send the proposed orders directly to the judge. Current residence address of respondent, including telephone number. Once a restraining order is granted, it is important to report every violation, no matter how minor it may seem. The petitioners will be in our office approximately 30 minutes to an hour filling out paperwork. . Permanent injunctions can last for a year or longer. . This self-help forms pack is available for you to download free of charge. You must maintain the originally signed documents in your files for a prescribed period of time. Services Coordinator, Broward County Library at phone 954-357-6230 fax 954-357-6257 or VBRYANT@broward.org. Obtain the proper forms. 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. Depending on the reasons for filing a restraining order, the process may be long and complicated. At the Review & Submit screen, verify all information is correct. 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. As soon as you file your petition for protection against domestic violence, the clerk will give your petition to the judge. The whole process can take a few weeks to months, depending on how complicated your case is. As new forms are available they will be posted on the 17th Judicial Circuit Court website. Read More: How to Ask for an Injunction to Be Removed in Florida. 657-622-5720 or 657-622-5756. Note: If your filing required payment originally or additional fees were added, you will have to resubmit your payment. If youve been served with a restraining order: Do not fall victim to deception. On the website, click Wisconsin on the drop-down menu, then . A restraining order prevents any contact or communication between two or more people. To remove or block information from public record, complete form 404-64. 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. Sponsored by Legal Aid Service of Broward County, Inc. and the State of Florida. If the respondent violates the restraining order, you should call law enforcement and report the incident. No, there is no fee associated in filing a restraining order. 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. In the interest of safety, it is suggested that you seek safe shelter throughout this process, as your safety is the most important factor. 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. Many temporary injunctions are dismissed after the 15 day period. After the Court Hearing STEP 1. General BrochureRise Victims Rights Brochure, 491 North State Road 7 | Plantation FL 33317, Call Us at: 954-765-8950 | Open Monday to Friday 9am 5pm, 2021 Legal Aid Service of Broward County |, 19th Annual For the Public Good Gala Fundraiser, 19th Annual For the Public Good Gala Fundraiser (Recap), 20th Annual For the Public Good Gala Fundraiser Recap, For the Public Good Diamond Level Sponsor, Crime victim facing eviction/foreclosure, unlawful detainer action, Restraining orders for the protection against stalking, repeat violence, sexual violence, and domestic violence, Broward County resident (or when crime occurred in Broward), For case eligibility questions call 954.736.2418, For assistance or to schedule an appointment call 954.736.2418. Charged With A DUI But You Werent Driving? Spengler splits her time between the French Basque Country and Northern California. You may file a Sexual Violence restraining order if any one of the following has occurred: In addition, you must have reported the incident to law enforcement and be cooperating in any criminal proceedings or the Respondent must have been sentenced to prison and the term expired or is due to expire within 90 days. All rights reserved.|Disclaimer|Privacy policy. Last Updated: September 14th, 2022 at 11:23 pm Read Time: 6 Minutes. 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. However, the basic procedure is the same in all counties and courts in Florida, including Broward County. 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. 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. You should have the right attorney when filing for a restraining order. Send email to eFiling@browardclerk.org if you have any other questions related to the processing of your filing. 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. Injunctions for protection in Florida are products of state, not local, laws. Avoid contact even if the petitioner says that they will meet with you. In addition, an arrest can result in a criminal record and an extension of the injunction. 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. VINE PROTECTIVE ORDER - VPO. As a pro-se litigant, or self-represented party, it is helpful to educate yourself on the court rules, proper legal filings, and service requirements. Find a lawyer near you. What training training videos and materials are aviailable for E-Filing? Contact a Broward County Restraining Order Lawyer. 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. Our firm keeps your future in mind and always protects your rights. Respondent's vehicle information including make, model, color, year, and tag number. Also, give a copy to anyone being protected by the order. If you have questions or feedback about E-Filing with the statewide portal please send them to support@myflcourtaccess.com. Law Librarians are available to assist you in locating legal resources and forms. If you still cannot verify your case or party information on the portal, you may be filing your case in a case type that is confidential or the case may be unavailable in the portals database. Each document, upon acceptance, will be time stamped and added to the case progress docket. When your safety or that of your family is at stake, it is important to have the attorney guiding you and fighting for you. 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. The Portal will charge a bank transaction or credit card processing fee for the transaction value as cost recovery, as noted on the financial transaction page in the Portal. However, if the restraining order is not granted, you can hire an attorney and file a petition. Juvenile Dependency and Adoptions - Effective 01/06/2014, E-Filing is mandated for attorneys. The Clerk will not send proposed orders to the judge. Its not uncommon for a petitioner to set up a respondent by inviting them to meet to discuss the underlying issues, only to have them arrested for violating a restraining order. Once the account has been established the designated Account Administrator will receive an email response with the E-Portal login information. Administration; Child Protective Investigation Section; Civil Division; Community Programs; Dept of Preparedness and Response; Detention; Executive Command Staff You must have solid proofto convince the judge for you to get a restraining order. 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. Stalking (Florida Statutes 784) is defined as someone who is purposefully following or harassing you repeatedly over a period of time for no legitimate purpose, causing you emotional stress. I am not saying my child didnt have a breakdown. If youve been served with a restraining order, dont just assume your criminal defense lawyer will be able to assist you. The National Domestic Violence Hotline provides 24/hour crisis counseling and can connect you with local resources. Court records for this case are available from Escambia County Courthouse. One of the most common threats faced after ending a violent relationship is stalking. Whether youre in Orange, Broward, Palm Beach, or some other Florida county, the process for filing a restraining order is remarkably similar. You need to visit the courthouse in your county. And if you arent represented, contact an experienced restraining order attorney near you today. 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. 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. What Is the Best Defense for Statutory Rape Charges in Florida? Keep in mind that you can't just bring the police in and start taking legal action right away. The decision is made the same day, and Petitioner/counsel is responsible for obtaining a copy of the ruling along with all associated documents. The division judges are located on the 10th floor of the west wing of the main courthouse in Fort Lauderdale. A restraining order, also known as a protective order, is something used by the court to protect a person or entity. The petitioner can apply online or in person. Lakeland - Polk 1102 South Florida Ave Lakeland, FL 33803. An attorney is not required in order to file for a restraining order. 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. 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. Below you will find helpful information and forms to assist you. Through an automated platform, you can easily hire an attorney to help you with filling out the required forms and also present your case in court. Cyberstalking is defined as commiting a series of acts that communicate words, images or language through the internet directed at you that causes you substantial emotional distress. 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. Driver license or identification which includes your picture and signature. One way to seek help is to speak with an experienced Broward County attorney to learn how Florida law can protect you. We have helped over 300,000 people with their problems. Proposed orders filed to other documents will be placed in the case file unsigned. On 06/01/2010 SANTANA, ROBERT filed a Family - Other Family court case against SANTANA, ANN M in Escambia County Courts. The FDLE Expunge/Seal package may still be sent to the clerks office with the original certificate of eligibility. The circumstances surrounding the offense determines the type of injunction: A domestic violence injunction requires that the petitioner meets the legal definition of a domestic relationship with the respondent. The court grants a restraining order to place restrictions on a person who makes another person feel unsafe. The Probate Smart Forms require a format with no dashes, e.g. Will copies of Traffic and Misdemeanor case files or citations be available in the courtroom for defense attorneys to view? This is punishable by up to a year in county jail and $1,000 in fines. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Filing fees are paid by credit card or electronic withdrawal from a bank account. Specific dates of abuse or threats of abuse. For support and safety tips, you can chat at loveisrespect.org, text "LOVEIS" to 22522, or call 1-866-331-9474. 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. Do I need an attorney to file for a restraining order? Can a Restraining Order Force Someone to Move? How do I submit documents to be issued in Broward County? Everything You Need to Know About Brandishing a Weapon or Pulling a Gun. If you edit the original document, you will maintain the original timestamp for the filing. It is a legal document issued by the court that stops a person from coming within a certain distance from you. A lewd or lascivious act, committed upon or in the presence of a person younger than 16, Any other forcible felony wherein a sexual act is committed or attempted, Additional forms including Family, Landlord/Tenant, Criminal, Probate and Guardianship, Traffic, and much more, Print materials, online databases and resources, self-help publications, Westlaw and Lexis, Law Librarians available to direct you to resources related to your legal information needs. Doodie Lo obtained the restraining order after FTN Bae allegedly threatened his life and family. (954) 831-6565. 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. Repeat Violence (Florida Statutes 784) means any assault, battery, sexual battery, or stalking by a person against any other person. At Schwartzreich & Associates, P.A., attorney Eric Schwartzreich understands the toll an arrest can take on all that you have . 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. 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. You will receive notice of the Clerks action by electronic mail from the portal. We contacted our attorney in the state where we live and he recommended Matt to us. "Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time. A filing is considered received by the Clerk upon transmission from the portal to the Clerk's inbox. Read More Contact 954-953-1297 Reviews 3.9 20 peer n/a 5.0 13 Avvo 1 Award Call the Florida Domestic Violence Hotline at 1-800-500-1119. All Divisions Effective 06/21/2014, E-Filing is optional for Pro Se Litigants (Self-Represented parties). If cases are not officially consolidated by court order with other cases, any document applying in several cases must be filed in each case. 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. 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. The reason the clerk has pended the filing appears at the top. The Florida State Courts System's Self-Help Center is your online guide to help direct you through the court system. Heathrow - Seminole CASE TYPES FOR INJUNCTIONS. Park in well-lit areas. How to Apply. Criminal - Effective 01/06/2014, E-Filing is mandated for attorneys. Any victim of abuse has the right to file an injunction against their alleged abuser. Also, if you have reason to believe that your phone may be traced, vehicle, or any other electronic device, you may temporarily want to look into other means of communication and/or transportation. The Clerk will not send proposed orders in the Civil/Family divisions to the judge. What I will say is that if I was in so much abdominal pain, had heart issues and was going to be strapped down, my rights taken away, held hostage for 10 days, I and no one I know could have maintained a even a small sense of sanity. The Clerks Office is unable to provide legal advice or assistance. This does not apply to Circuit Criminal Felony or Traffic and Misdemeanor case types. You should hire an attorney to file a motion to terminate the permanent injunction. The pleading must indicate that it is a consolidated case and include the consolidated case number. 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. A restraining order is a ruling by a court of law that prohibits a person from stalking or intentionally causing harm to another. Stalking Restraining Order or Harassment. This protection is usually used in domestic violence cases, but it can also be used to combat dating violence and other types of sexual violence. 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. What if I cannot see a case record, the case style or parties on an existing case? However, DoNotPay helps you get a restraining order in Broward Countyhassle-free. After an E-Filed petition has been accepted, the Petition is forwarded to the judge for ruling. If a restraining order is violated, the case is treated as a first-degree misdemeanor offense. 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. Specific locations where abuse or threats occurred. Trim all trees and shrubbery for an unobstructed view of the property surrounding the home. Or you can go to the West Regional Courthouse at 100 N. Pine Island Road, Room 180 in Plantation, Florida. How Do You Beat a Drug Trafficking Charge in Florida?