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How can I get a restraining order?

If you are a victim of domestic violence or have been threatened or harmed by someone else, then you may wish to file for a restraining order in Florida. Often referred to by the court as an injunction, this order allows you to legally prevent a person from coming near you or contacting you, according to the Lee County Clerk of Court. It is important to note that when you file for an injunction, you must provide details and information about yourself and the situation. The other person will also get a copy of all of this information. 

To have the best chance of the court approving your restraining order, you need to include details and evidence. Include specific dates and times. You should be as detailed as possible. If you had to seek medical care for your injuries or if you have contacted law enforcement on this person, then include those reports and forms, too. Pictures can be helpful, and you may have witnesses testify for you in court. 

Once you file your petition, the court will look over all the information you have provided. The judge may issue a temporary injunction based on your petition. This is in effect until the actual court hearing in the case and is generally ordered if the judge feels you are in immediate danger. Sometimes no temporary injunction is issued, which just means you have no legal protection until the hearing. In some cases, if you have not presented sufficient evidence, the judge may deny your petition and there will be no hearing. This information is for education and is not legal advice. 

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Ian F. Mann, P.A.
1424 Dean Street
Fort Myers, FL 33901

Toll Free: 866-416-1488
Phone: 239-935-5935
Fax: 239-332-5242
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