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Before you go to court to start an Injunction for Protection case you can learn more about the court and what might help your situation.

An Injunction, also called a restraining order, is a court order that directs a person not to have any contact with another person. The person seeking the injunction is called the PETITIONER. The person against whom the injunction is requested is called the RESPONDENT.

Court Ordered Injunctions can:

Restrain the Respondent from specific locations or keep the Respondent from doing specific things; may affect timesharing with his/her children; prevent the Respondent from obtaining or possessing a firearm/ammunition; order the Respondent to attend anger management or Batterer’s Intervention classes; and, depending on the type of injunction, the Respondent may be removed from his/her home.

Florida Statutes set forth five types of injunctions with specific criteria for each type. Injunctions are not one-size-fits all so it is important to understand the statutory guidelines so you can determine which injunction type best suits your situation. Court staff cannot assist you with picking the appropriate type.

Domestic Violence: includes any aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking or any criminal offense resulting in a physical injury or death of one of the family or household members by another who is or was residing in the same home. The parties must be related by blood or marriage or were living together as a family.

Dating Violence: violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship will be based on these factors:

1. A dating relationship must have existed within the past six months;
2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
3. 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. This does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.

Sexual Violence: any one of the following incidents qualifies as sexual violence. In order to file for an injunction against sexual violence the petitioner must be cooperating with law enforcement:

1. Sexual battery as defined in Chapter 794;
2. A lewd or lascivious act, as defined in Chapter 800, committed upon or in the presence of a person younger than 16 years of age;"
3. Luring or enticing a child, as described in Chapter 787;
4. Sexual performance by a child, as described in Chapter 827; or
5. Any other forcible felony wherein a sexual act is committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the State Attorney.

Stalking Violence: is a pattern of behavior as listed below that has occurred between individuals:

1. "Harass" means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
2. A pattern of conduct composed of a series of acts over a period of time.
3. A verbal or nonverbal threat, or a combination of the two, including threats received by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his/her safety.
4. "Cyberstalk" means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

Repeat Violence: There must be two incidents of violence or stalking committed by the respondent, one of which must have been within six months of the filing of the petition. Violence means assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping or false imprisonment or any criminal offense resulting in physical injury or death.

Who is a Vulnerable Adult?

An adult with impaired ability to:

• Perform normal activities of daily living
• Provide for own care or protection

Impairment is due to any of the following: disability (mental, emotional, sensory, long-term physical or developmental), brain damage, or infirmities of aging.

Per section 415.102(28), Florida Statutes, what constitutes exploitation?

• Depriving the vulnerable adult of their funds or property
• Depriving the vulnerable adult with diminished capacity of funds or property
• Breach of a fiduciary duty to the vulnerable adult
• Bank account misuse
• Failure to provide necessities

Per section 825.103(1), Florida Statutes, who may file a petition?

• A vulnerable adult in imminent danger of being exploited
• The guardian of a vulnerable adult who is in imminent danger of being exploited
• A person or organization acting with the consent of the vulnerable adult, or his or her guardian
• A person who simultaneously files a petition for determination of incapacity and appointment of an emergency temporary guardian with respect to the vulnerable adult

**Filing a Petition: If a guardianship is pending, the petition must be filed in that case; otherwise, it must be filed in the circuit where the vulnerable adult resides.

• Lee
• Charlotte
• Collier
• Glades
• Hendry

Upon filing of a petition for injunction, the petition will be reviewed by a judge who will make a determination that day during business hours. The Judge may Grant, Deny or Deny with a Hearing your petition. If your petition has been Granted or Denied with Hearing, you will have a hearing date no later than 15 days from the date you filed your petition.

If your petition is Granted you will receive a Temporary Injunction for Protection with the court date and time of your hearing. The Respondent will then be served with a copy of the Temporary Injunction which outlines all the activities and places from which the Respondent is restrained.

If your petition has been Denied and set for hearing without issuance of a Temporary Injunction, you will receive a copy of the order which contains the date and time of the court hearing. The Respondent will be served with a copy of the order as well as well.

The Hearing:

At the court hearing, which is scheduled within 15 days from the date the petition was filed, the judge will decide whether to grant a Permanent Injunction after taking testimony from the parties and witnesses, and considering any evidence which is presented. At this hearing, the judge may: (1) dismiss the Temporary Injunction; (2) extend the Temporary Injunction for a period of another fifteen (15) days for good cause (for example, no service on respondent); or (3) issue a Permanent Injunction.

If the Respondent violates the Injunction you may file an Affidavit Alleging Violation of the Injunction with the Domestic Violence Unit at the Lee County Justice Center or you may contact law enforcement if the violation is actively occurring.

Lee County:
There is no cost for filing a petition for Injunction for Protection if done at the Domestic Violence Unit or through the Lee County Clerk of Courts Office. There is a fee if you e-file your petition through Turbo Court. Also, petitions must be notarized and there is a cost for notarization at the Clerk’s Office.

Collier County:
The Collier Clerk of Court does not have a filing fee: https://app.collierclerk.com/faqs/faqs-continued/#DomViolence

There is no filing fee for Protection against Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence or Stalking Violence.

There is no filing fee for injunctions.

There is no filing fee for injunctions.