In Florida, if a person feels threatened or endangered by another person, they may be able to request an order of protection. An order of protection is also sometimes called a restraining order and it can help victims stay safe.
Order of protection
An order of protection is issued by the court and it provides immediate protection to the petitioner, who is the person requesting the order. It prevents the person who is causing harm from doing certain activities and is intended to ensure the petitioner’s safety.
The petitioner can request an order of protection in several situations, but the most common are for domestic violence and for stalking. A domestic violence order of protection can be issued when there is a relationship between the parties, like spouses or a couple who shares children. A stalking order of protection may be issued when the person causing harm is putting the petitioner in fear for their safety or they are experiencing severe emotional distress.
Process
The petitioner can file a request for an order of protection with the court. The court will review the information and if it finds that the petitioner is in immediate danger, it can issue a temporary order of protection.
Usually within a few weeks, the court will hold another hearing where both parties can provide evidence and information from witnesses. Then, the court will decide whether a final order of protection should be issued.
The final order may have restrictions that prevent contact and require the person causing harm to stay a certain distance away from the petitioner.