Restraining Order FAQs

An Injunction for Protection, also known as a restraining order, is a civil court order that restricts someone from specific actions, typically to protect an individual from violence or threats of violence. In Florida, a restraining order can be issued to address domestic violence, dating violence, sexual violence, or repeat violence. The order can prohibit actions such as further violence, stalking, or contacting the protected person(s).

The person requesting the injunction is referred to as the “protected person” or “petitioner.” The person against whom the restraining order is issued is referred to as the “restrained person” or “respondent”.

The information below provides a brief description of each type of restraining order and a link to the petition packet for each. You may want to review the 12th District Circuit Court information on Injunctions for Protection.

Injunction for Protection against Domestic Violence

This type of injunction is sought when there is a pattern of physical, emotional, or financial abuse involving family. “Family” includes people who you are related to by blood or marriage; spouses, ex-spouses, parents, grandparents, aunts, uncles; parties intimately involved and living together but never married; adopted children; stepparents and stepchildren, and others.

Download the Domestic Violence Petition

Injunction for Protection against Sexual Violence

This type of injunction is for situations where an individual has experienced sexual battery, aggravated sexual battery, or other forms of sexual violence. In addition, you must have reported the sexual violence to law enforcement and be cooperating with their procedures. LEARN MORE

Download Sexual Violence Petition

Injunction for Protection against Dating Violence

This type of injunction is for individuals who are or were in a close, romantic relationship and have experienced violence or threats of violence. You and the other person must have dated each other in the last six months. LEARN MORE

Download Dating Violence Petition

Injunction for Protection against Stalking Violence

This type of injunction is for individuals who have been stalked or harassed by another person. LEARN MORE

Download Stalking Violence Petition

Injunction for Protection against Repeat Violence

This type of injunction is for individuals whose situation does not meet the requirements of other types of violence, and who have been the victim of two incidents of violence or stalking within the past six months, regardless of whether they have a specific relationship with the perpetrator. LEARN MORE

Download Repeat Violence Petition

An Order for Protection may…

• Prohibit the restrained person (respondent) from contacting the protected person (petitioner).
• Restrain the respondent from further violence.
• Order the respondent to leave a shared dwelling.
• Prevent the respondent from coming to the petitioner's home, school, or workplace.
• May award temporary custody of minor children.

Domestic Violence: May be issued against a spouse, former spouse, relative, or someone with whom the petitioner shares a child, or has cohabitated.

Dating Violence: Can be filed if there was a prior expectation of affection or sexual involvement and violence occurred.

Sexual Violence: Can be sought after certain types of sexual offenses, like sexual battery or luring/enticing a child.

Repeat Violence: If an individual has committed two acts of violence or stalking against the same person, with one occurring within the last six months.

Filing for protection is free. There is no fee to file a restraining order.

File a Petition

The individual seeking protection (the petitioner) files a petition with the Clerk of Court in the county where they live. Sarasota County has two locations:

Sarasota Office
Historic Courthouse
2000 Main Street
Sarasota, FL 34237

Venice Office
South County Courthouse
4004 South Tamiami Trail
Venice, FL 34237

To obtain an injunction, the petitioner must demonstrate to the court, by a preponderance of the evidence(PDF, 246KB), that they are either a victim of the specified type of violence or are in imminent danger of becoming a victim.

The court may grant a temporary injunction (temporary restraining order) while the case is pending, and if the petitioner prevails, a permanent injunction may be issued.

There are different types of restraining orders; you will need to download the petition packet (or visit our office to obtain the packet) that is appropriate for your situation.

Initial Hearing in Court

The court reviews the petition and may issue a temporary injunction while scheduling a final hearing where both parties can present their case. At the initial hearing, the respondent is informed of the nature of the injunction filed against them.

Final Hearing in Court

At the final hearing, the judge decides whether to make the injunction permanent.

Key Points about Enforcement

• Injunctions for protection issued in Florida are valid Statewide
• Law enforcement can use their arrest powers to enforce the terms of the injunction.
• Violations can lead to criminal charges.
• A final injunction is enforceable in 50 states.

If your Petition is denied, but new information about additional acts of violence or stalking arises, you may ask the Judge to review your original Petition and these new acts by filing a Supplemental Affidavit in Support of Petition for Injunction for Protection.

Witnesses. Witnesses must come to court to testify. Letters from witnesses are not allowed. You may subpoena witnesses, but there is a fee. Contact the clerk for information. Police officers and Child Protection investigators usually require a subpoena to attend hearings.

Evidence. Pictures, phone records, written or telephone messages, medical records, etc. Any of the things you have to prove to the court what you wrote in the petition.

Proof of Income. If you are asking for child support or alimony, you must bring a financial affidavit or proof of income, such as pay stubs, tax returns, etc. If you have filed a joint tax return or have proof of the other party’s income, you should bring that with you also.

Car titles and/or deeds to home or shared property if you are asking to have temporary possession of a car and/or house.
Copies of any other court orders involving you and the other person (divorce, custody, child support, etc.)

All persons appearing before the court must dress appropriately. Shorts, hats, flip-flops, and tank tops are not suitable for the courtroom.

If you are a minor under the age of 18, one of your parents or your legal guardian must file the Petition on your behalf.

If you are filing against a minor, you must provide the first and last name of the minor child against whom you are filing as well as the first and last name of that minor's parent or legal guardian.

In the event of an imminent threat, call 911 for immediate assistance.

If you have reason to believe a current restraining order (injunction) is being violated, take the following steps:

Step 1. Call law enforcement to report the incident.

Step 2. Come to the Sarasota County Clerk’s Office to file a Petition By Affidavit For Order To Show Cause For Violation of Final Judgment Of Injunction.

There is no fee to file a Petition for Violation of Injunction.

In the event of an imminent threat, call 911 for immediate assistance.

If you have reason to believe a temporary restraining order (injunction) is being violated, before the final hearing, take the following steps:

Step 1. Call law enforcement to report the incident.

Step 2. Come to the Sarasota County Clerk’s Office to file a Supplemental Affidavit in Support of Petition for Injunction for Protection against Domestic, Repeat, Dating or Sexual Violence(PDF, 274KB) to document the violation and report to the court.

In the event of an imminent threat, call 911 for immediate assistance.