. If either a Temporary Injunction or an Order Setting Hearing is entered, the court will schedule the hearing within 15 calendar days from the date the petition was filed. Administration; Child Protective Investigation Section; Civil Division; Community Programs; Dept of Preparedness and Response; Detention; Executive Command Staff Our son had been in substance abuse treatment for almost My son, a student at the University of Miami, was facing 2 serious drug related felonies. The reason the clerk has pended the filing appears at the top. We received a return call in minutes and Matt was able to visit our son a few hours later after finishing representing other clients in court. Please contact us online or by calling 407-377-0150 to discuss your case. Laws & Rules on Domestic Abuse & Harassment The following is a list of some of the laws and rules about . Thank you Mathew!! After a Cook County judge denied #NoCopAcademy activists' motion for a temporary restraining order to stop the vote, aldermen and the mayor convened Friday afternoon for a meeting scheduled just . A restraining order is a court order issued to prevent the recurrence of acts of abuse by an abuser. . Click on Self-Help, refer to Family Law forms. The clerk at the civil desk will give you three forms to complete: If you have questions or feedback about E-Filing with the statewide portal please send them to
[email protected]. Will copies of Traffic and Misdemeanor case files or citations be available in the courtroom for defense attorneys to view? NEXT MEETING: Next Meeting: Thursday, September 17, 2020 Time: 10:00 AM to 12PM Location: TBA Contact:
[email protected] Cell: (561) 459-6098
[email protected] Phone: (407) 317-7335, Cell: 407-222-5270 Mathew is really eloquent and smart. The division judges are located on the 10th floor of the west wing of the main courthouse in Fort Lauderdale. If a restraining order is violated, the case is treated as a first-degree misdemeanor offense. Current residence address of respondent, including telephone number. Is your court hearing being held via Zoom? Trim all trees and shrubbery for an unobstructed view of the property surrounding the home. Contact a criminal defense attorney in your area. Everything You Need to Know About Brandishing a Weapon or Pulling a Gun. What about the Notice of Confidential Information? from U.C. Call the Florida Domestic Violence Hotline at 1-800-500-1119. Public Records Custodian Pursuant to 119.12(2), F.S. This does not apply to Circuit Criminal Felony or Traffic and Misdemeanor case types. Attorneys may contact the Florida Courts E-Filing Portal via the support link on their website or call the Florida Courts E-Filing Portal Support Desk at 850-577-4609. Respondent's last known place of employment: You should hire an attorney to file a motion to terminate the permanent injunction. You can apply for different types of injunctions in Florida, depending on the circumstances of the case. You will be issued with two certified copies of the restraining order. Florida state statute 741.31 makes it a misdemeanor of the first degree for most violations of restraining orders. The FDLE Expunge/Seal package may still be sent to the clerks office with the original certificate of eligibility. The Clerk then reviews the filing and either accepts it or pends the filing for corrections. As the respondent of an injunction or the defendant of a criminal charge, you have legal rights. Broward in July ordered restaurants to shut down for on-site dining to combat the pandemic, but restaurants could continue to operate for take-out, drive-thru and delivery services. It is the filer's responsibility to supply copies, as required for service, to their process server of choice. The victim must take the stamped ticket to the first floor of the East Garage to receive validation. See also Laws, Rules & Legal Research. . Training Materials and Manuals and Training Videos are available on the Florida Courts E-Filing Portal website. The Florida criminal justice system makes it extraordinarily easy for the alleged victims of domestic crimes and other offenses to obtain restraining orders. VOCA-2022-917 awarded by the Office for Victims of Crime, Office of Justice Programs. As the victim of domestic violence in Broward County, you may choose to file restraining orders or protective orders. Assuming that your facts persuade the court that you are a victim of domestic violence or risk such violence, it will issue a temporary injunction, ordering the abuser to stay away from you. The perpetrator risks being jailed for up to one year as provided under sections 741.28-741.34 of the Florida Criminal Code. Domestic Violence (Florida Statutes 741) means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit. Once I reached out to Matt he was back in touch within the hour. You can apply for different types of injunctions in Florida, depending on the circumstances of the case. 5. If granted, a permanent injunction can remain valid forever or until the court is given a good reason to change the terms of the injunction or to remove it entirely. It is intended to protect the victim of the abuse and keep her safe in the future. Your abuser may monitor your internet use. 341 The City Drive. Send email to
[email protected] if you have any other questions related to the processing of your filing. Throughout, he maintained consistent communication each step of the way until my case was resolved. A responsive, knowledgeable and skilled attorney. Law Librarians are available to assist you in locating legal resources and forms. If you fear for your safety, or for the safety of your children, our strong recommendation is to seek immediate help. Pursuant to Florida Supreme Court order, fees cannot be charged for E-Filing; only statutorily mandated filing fees can be charged. However, the basic procedure is the same in all counties and courts in Florida, including Broward County. Arrested? In most cases, the officers serving the injunction will have no specific knowledge of the allegations against you, and you could end up hurting your position or even getting arrested. For ePortal technical support, attorneys may contact the Florida Courts eFiling Portal via email
[email protected], or call the Florida Courts eFiling Portal Support Desk at 850-577-4609. Injured? If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. For filings in the Probate/Mental Health division, attach unsigned proposed orders to the motion. All Divisions Effective 06/21/2014, E-Filing is optional for Pro Se Litigants (Self-Represented parties). In general, to have a protection order modified or dismissed, the person who wants the modification or dismissal must file a written motion with the court in the county where the order of protection was issued. Broward County Clerk of Courts 201 SE 6th St. Fort Lauderdale, FL 33301 (954) 831-6565 Restraining Orders | Broward County Sheriff's Office On this section of the Broward County Sheriff's Office website, you can learn more about injunctions for protection. Specific dates of abuse or threats of abuse. If this is for a new case filing, wait to get your case number before filing the addendum on that case. A motion is sometimes described to people who do not have an attorney representing them as a "letter to the judge." The Clerk will not send proposed orders to the judge. You should have the right attorney when filing for a restraining order. Registered Login Certificates of Title (CET) Track "Certificate of Titles" online! Once the account has been established the designated Account Administrator will receive an email response with the E-Portal login information. Florida law allows a Circuit Court Judge to issue four different types of injunctions. Filing fees are paid by credit card or electronic withdrawal from a bank account. However, if the restraining order is not granted, you can hire an attorney and file a petition. No service fees will be collected via the portal at this time. If you have obtained a non-confidential TRO (Temporary Restraining Order), you can register to be notified when the TRO has been served by law enforcement. To obtain a Restraining Order, you may eFile your pleadings utilizing the ePortal filing system or appear in person at one of the following Domestic Violence Service Locations, excluding Courthouse Holidays. Read More: How to Ask for an Injunction to Be Removed in Florida. Regardless of whether you agree with the type or terms of the restraining order, violating a restraining order can result in an arrest and additional criminal charges. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. "Notice of Intent to File in Complex Business & Tort Division". Civil - Effective 04/01/2013, E-Filing is mandated for attorneys. Permanent restraining orders can be issued for a number of years. INSTRUCTIONS When filing a complaint, bring the following with you: If a Restraining Order (Injunction) is granted, there will be a hearing in 15 days or fewer. You can also make copies and leave them at different places, including your workplace, at your office front desk, or your children's school. Results may vary depending on the browser used. I followed it to a "T". You may either scan the originally signed document or place a '/s/' with the name typed next to it in the signature portion of the document prior to E-Filing it. Teo Spengler earned a J.D. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. You can visit their website for more information about filing a restraining order in Broward County, Florida. The accused is ordered by a court of law to move out and carry what belongs to them until a ruling is made. First, choose your state: . In addition, Emergency Motions that require immediate judicial review must also be submitted manually. If your filing has fees associated with it, you will not be able to select the party to file on behalf of and will have to submit the filing by traditional paper method with a filing fee. However, if the package is not complete it will be placed in the case file unsigned. Effective 01/06/2014 all new Traffic and Misdemeanor cases will be filed in electronic format and the clerk will no longer have paper files available for viewing in the courtroom. This means that no matter which county you live in or which courthouse you use to file for an injunction, you will find the same types of injunctions available. Restraining orders are most commonly used in situations such as domestic violence, stalking, and abuse. Can a single filing apply to more than one case? All rights reserved.|Disclaimer|Privacy policy. If the filing is pended, the filer is required to submit corrections within 5 days. All cases meeting criteria for filing in complex business and tort per Administrative Order 2013-11-Civ must file a "Notice of Intent to File in Complex Business & Tort Division" along with their new case E-Filing. Follow up hard-copy paper filing is not required for E-Filing. If you wish to be represented by a lawyer, it is your responsibility to hire a lawyer. Injunctions are commonly referred to as "restraining orders." Such an order may be made when the victim suffers abuse while in their home. There is no fee at all to file for a domestic violence injunction in Florida. Getting a restraining order protects you from a stalker while also preventing them from causing physical or emotional harm. In addition, an arrest can result in a criminal record and an extension of the injunction. Also, appear in person at one of the following Domestic Violence Service Locations to file a Petition for Violation of Injunction. The exact duration will be indicated in the order. Ultimately, Matt was able to negotiate a pretrial diversion program where all charges will be dismissed once my son has completed a 6 month program. At the Review & Submit screen, verify all information is correct. A restraining order is a Court order against an individual that is intended to protect someone who is afraid of being hurt by a specific person or persons. You might need a restraining order if an individual harasses you in any way or intentionally threatens to harm your family or destroy your property. Either the judge does not believe there is enough reason to extend the injunction, or the petitioner has decided its no longer needed. The person filing the order is referred to as the petitioner, and the defendant is the respondent. Physical description of respondent, including height, weight, scars, date of birth, etc. If the court does not deny the restraining order, a typical order lasts anywhere from three to five years. A restraining order prevents any contact or communication between two or more people. If cases are not officially consolidated by court order with other cases, any document applying in several cases must be filed in each case. Copyright 2023 Weinstein Legal. FTN Bae was arrested and booked into the Broward County Jail on Friday. The case number entry screen includes separate boxes for entry of discrete parts of the case number that will then be combined to produce the standardized Florida Uniform Case Number (UCN). Below we have compiled a list of case law related to restraining orders and divorce in Broward County. Also, the counsel is served with a similar copy, You may also consider hiring an attorney to help you with the case, Drivers license or notification that bears your photo and signature, The abuser's current residence and contact info. The Portal will charge a bank transaction or credit card processing fee for the transaction value as cost recovery, as noted on the financial transaction page in the Portal. Broward Restraining Order Case Law: That wasn't. File a petition in a court of law, specifically in the domestic violence unit. Stalking Restraining Order or Harassment. Make it clear that you have experienced abuse; detail the abuse, including dates if possible; and explain in your paperwork why you are in danger of future abuse. Juvenile: Issuing summons, subpoenas cannot be completed in the Portal. To have your summons issued bring your documents to the Juvenile Division in room 5180. This prevents the abuser from causing more harm. If there is an issue with the document, and it is removed and/or replaced or if additional documents are added to the filing you will receive a new timestamp for the filing. I am not saying my child didnt have a breakdown. . Restraining the respondent from committing any acts of domestic violence. The case type and FCCC 'reference number' must be included in the subject line. How to file, how a Florida court decides cases, and impact on divorce and custody. Information will be updated as E-Filing starts in additional divisions. A filing is considered received by the Clerk upon transmission from the portal to the Clerk's inbox. How to File a Restraining Order in Florida, How to Ask for an Injunction to Be Removed in Florida, Tips on Fighting a False Restraining Order in Florida, How to Check If You Have a Warrant in Manatee County, Florida, Florida Courts 17th Judicial District: Domestic Violence. My reservations were quickly eased during my initial consultation. Note that the injunction process will be slightly different depending on the specifics of your relationship with the abuser and whether you are married to him. Broward County restraining ordersare guided by Florida laws. He explained to my husband and I what my son was facing. Answer a few easy questions on our File a Restraining Order product. The Clerk of Court staff is not able to provide assistance with ePortal related issues and inquiries. What to do if my filing is sent to the Pending Queue in the portal? The forms are hard-coded to only allow 12 characters. For questions or comments about the required forms please send them to
[email protected]. A restraining order is a Court order against an individual that is intended to protect someone who is afraid of being hurt by a specific person or persons. Directions To Parking Garage at 540 SE 3rd Avenue. CASE TYPES FOR INJUNCTIONS. A Temporary Restraining Order (TRO) can be granted immediately without a hearing and without any notice to the opposing party. The restraining order process for domestic violence cases A domestic violence restraining order can provide you with protection right away. Florida Supreme Court Approved Family Law Form 12.980(t), Petition for Injunction for Protection Against Stalking (11/15) 2. Or you can go to the West Regional Courthouse at 100 N. Pine Island Road, Room 180 in Plantation, Florida. Notice is given to the other person of the time and place of the final hearing. Click here for instructions on how to enable javascript. Most judges are reluctant to limit any individuals freedom indefinitely. You must maintain the originally signed documents in your files for a prescribed period of time. This includes filings for new and existing Juvenile Dependency and Adoption case types. The Domestic Violence Unit will validate your parking ticket. In addition, you should check with the court to know how much it costs to get a restraining order. What happens after I eFile my petition on a Domestic Violence matter?