How to get a restraining order in Florida: What you need to know

SOUTHWEST FLORIDA, (WINK)—WINK News Security Analyst Richard Kolko outlined the process for obtaining an injunction for protection in Florida.

While many people call it a restraining order, the official name in Florida is an injunction for protection. There is a process you need to go through if you want to get one.

The first step is filing a petition at the clerk's office. A judge can grant a temporary injunction without the other party being present.

The sheriff's office will serve the respondent with the petition, temporary injunction, and notice of hearing. A final hearing is usually held within 15 days, and it can be extended, dismissed, or modified; either party can present evidence and witnesses.

Typically, the injunction can prohibit contact, including text, email, phone, or in-person communication. It can force a person out of a shared home, require them to stay a certain distance away, and surrender firearms.

Violations can lead to arrest, but police may not prioritize enforcement. To issue the order, judges want to see all messages, emails, social media messages, photos, videos, call logs, witness testimony, and any documentation that shows threats, violence, stalking or escalation.

"People feel safer if they get the order, but some research shows they only keep the people away about half the time, and police will not always arrest the person," Kolko said. "So you can't consider the injunction a physical barrier, and you still need to maintain situational awareness and document everything."