How to File a Restraining Order in Miami: A Step-by-Step Guide for Victims of Violence

If you are a victim of domestic violence, repeat violence, or stalking, you may need to file a restraining order to protect yourself from further harm.

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How to get a restraining order | Shouse Law

A restraining order, also known as an injunction, is a court order that prohibits the person who is abusing you from contacting you, coming near you, or harming you in any way.

In this article, we will explain the steps you need to take to file a restraining order in Miami.

READ MORE: Can You Move Out of State With Joint Custody? What You Need To Know

Step 1: Complete the Petition for an Injunction

The first step is to complete the petition for an injunction, which is a form that you can get from the Clerk of the Court and Comptroller’s office.

You can also download the form online and fill it out before visiting the office.

The form will ask you to provide information about yourself, the person who is abusing you, the incidents of violence or harassment, and the relief you are seeking.

You will need to provide as much detail as possible, including dates, times, locations, witnesses, and evidence of the abuse.

You will also need to sign the form under oath.

Step 2: File the Petition at the Clerk’s Office

The next step is to file the petition at the Clerk’s Office, which has four intake locations in Miami-Dade County.

You can choose the location that is closest to you or the one that is most convenient for you.

You will need to bring the completed form, a valid photo ID, and any supporting documents, such as police reports, medical records, photos, or text messages.

The intake process takes a minimum of two hours, and there are intake specialists at each location to assist you. There is no filing fee or service fee for domestic violence, repeat violence, or stalking injunctions.

Step 3: Obtain a Temporary Injunction

After you file the petition, a judge will review it and decide whether to grant you a temporary injunction, which is valid for up to 15 days.

The judge will consider whether there is an immediate and present danger of violence or harassment, and whether you meet the statutory requirements for the type of injunction you are requesting.

If the judge approves the temporary injunction, it will be signed and issued on the same day you file your petition, without a hearing.

A sheriff will then attempt to serve the person who is abusing you with a copy of the temporary injunction and a notice of the final hearing date.

Step 4: Attend the Final Hearing

The final step is to attend the final hearing, which will be scheduled within 15 days of the issuance of the temporary injunction.

The final hearing is an opportunity for you and the person who is abusing you to present your evidence and arguments to the judge, who will decide whether to grant you a permanent injunction, which is valid indefinitely or until dissolved by the court.

You should bring any witnesses, documents, or other evidence that support your case, and you may also request the assistance of a victim advocate or an attorney.

If you do not attend the final hearing, the temporary injunction will expire, and you will have to start the process over again.

Conclusion

Filing a restraining order in Miami is a legal process that can help you protect yourself from domestic violence, repeat violence, or stalking.

You will need to complete a petition for an injunction, file it at the Clerk’s Office, obtain a temporary injunction, and attend the final hearing.

If you need more information or assistance, you can contact the Clerk’s Office Domestic Violence Unit at 305-349-5813, the Domestic Violence Advocacy Unit at 305-349-5677, or the National Domestic Violence Hotline at 1-800-799-723

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