Polk County Family Law Protective Order Lawyer

A Polk County judge can order someone to stay away from your home, your workplace, and you. Florida calls that order an injunction for protection, and most people call it a restraining order. If you need one in Polk County, the injunction process starts with a petition and moves quickly.

Our attorneys work as Polk County family law protective order lawyers. We have handled Florida cases for nearly 35 years, and our Bartow office sits two blocks from the Polk County Courthouse. We prepare your petition, get you ready for the hearing, and explain each step in English or Spanish.

Need protection now? Call 863-622-9602 or contact us online. Our attorneys handle urgent matters. If someone is in immediate danger, call 911 first.

Is a protective order the same as an injunction in Florida?

Yes. The Florida Statutes use the term injunction for protection, while people searching online say restraining order or protective order. All three describe a court order that limits what another person can do and where that person can go.

This page speaks to the person who asks for protection, called the petitioner. The person named in the petition is the respondent. Our work here sits in family law, and it covers violence between relatives, household members, and dating partners, along with stalking.

What are the types of injunctions for protection in Florida?

Florida law offers a separate injunction for each of these situations, found in section 741.30, section 784.046, and section 784.0485:

• Domestic violence: a domestic violence injunction covers violence between family or household members.
• Repeat violence: two incidents of violence or stalking by the same respondent, with one inside the six months before you file.
• Dating violence: violence between people in a significant dating relationship that existed within the past six months.
• Sexual violence: a sexual violence injunction can rest on one qualifying incident, whether or not prosecutors filed, reduced, or dismissed criminal charges. To file, you must have reported the violence to law enforcement and be cooperating in any criminal case, or the respondent must have a state prison sentence for the violence that ended or ends within 90 days of your filing.
• Stalking: a stalking injunction covers repeatedly following, harassing, or cyberstalking another person.

A household member under section 741.28 includes spouses, former spouses, relatives by blood or marriage, and people who live or lived together as a family in the same single dwelling unit. Parents of a child in common qualify too, even if they never married. For dating violence, the court looks at whether the dating relationship involved an expectation of affection or sexual involvement and whether the two people interacted continuously over time.

What qualifies for an injunction, and what proof do you need?

The standard depends on the type. For protection against domestic violence, you must be a victim of domestic violence or have reasonable cause to believe you face imminent danger of becoming one. The definition of domestic violence lists offenses such as assault, battery, stalking, and kidnapping, along with any criminal offense that results in physical injury or death, when one family or household member commits it against another. Not every case involves physical violence, which is why the type of injunction matters.

Stalking works differently. The court looks for a pattern of conduct, not a single act. Harassment means a course of conduct aimed at one person that causes substantial emotional distress and serves no legitimate purpose. The stalking statute also defines a credible threat as a threat that places a person in reasonable fear for his or her safety.

As for proof, the petition itself must be verified and state specific facts and circumstances. You sign it under penalty of perjury. Dates, places, and exactly what happened matter, and the judge decides based on the evidence at the hearing.

How do you file an injunction in Polk County?

You file a petition for an injunction with the Polk County Clerk of Court. The Clerk’s website lists business hours Monday through Friday, 8 a.m. to 4:30 p.m., and a staffed DIY Center at the Bartow Courthouse that helps with injunction paperwork. Florida law also directs the court clerk to provide simplified petition forms.

For domestic violence and stalking petitions, you can file where you live or are temporarily staying, where the respondent resides, or where the violence or stalking happened. No minimum residency applies, and the clerk cannot charge a filing fee.

After you file, the judge reviews your court papers. The court sets a hearing at the earliest possible time, and the respondent must receive personal service of the papers before it. In domestic violence cases, the clerk must send a certified copy of any injunction to the sheriff for service within 24 hours.

How do you get a temporary injunction quickly in Florida?

A judge can issue a temporary injunction before the respondent hears about the case. Courts call this ex parte relief. The petition must show an immediate and present danger of violence, and at this stage the judge relies on your verified petition or affidavits. If the judge denies the request, the denial must come in writing with the legal grounds.

An ex parte temporary injunction lasts up to 15 days. The court must hold the full hearing no later than the day it expires, and the order extends if the court grants a continuance for good cause.

When danger is happening right now, calling law enforcement comes first. The Florida Domestic Violence Hotline answers at 1-800-500-1119, 24 hours a day, in English, Spanish, and Creole. Then call us at 863-622-9602.

What happens at the injunction hearing, and what happens after?

At the hearing, the judge hears from the parties and reviews the evidence, and the court records the proceeding. If you ask, the court must allow an advocate from a state attorney’s office to attend. After notice and hearing, the judge decides whether to issue a final injunction.

In domestic violence cases, a final injunction can bar the respondent from further acts of domestic violence and set stay-away terms. It can also award you exclusive use of a shared home, provide for time-sharing in a temporary parenting plan, establish temporary support, and refer you to a certified domestic violence center. The court can also direct the respondent to a batterers intervention program at the respondent’s expense. The restraining terms stay in effect until a court modifies or ends them. The final order is valid in every Florida county, and law enforcement can arrest for a violation.

After a final order, ask the clerk for a Hope Card. This wallet-sized or digital card shows the order details and the statewide hotline number. The clerk issues it within three business days of your request, and it stays valid for two years or until the injunction expires, whichever comes first. The Clerk’s website says to request it at the Civil office in the east corridor of the Bartow Courthouse; section 741.311 sets the rules.

How much does it cost?

The clerk cannot charge a filing fee for a domestic violence injunction petition, and the court cannot require a bond for any of these injunctions. The same fee rule covers repeat violence, dating violence, and sexual violence petitions under section 784.046. Stalking petitions follow it under section 784.0485. The respondent, not you, pays for any court-ordered batterers intervention program.

Hiring a lawyer is a separate decision. Call us at 863-622-9602 to schedule a consultation, and we will explain our fees before you decide.

Do you need a lawyer for an injunction hearing?

No, Florida law does not require one. Petitioners can file on their own, and the Clerk’s DIY Center at the Bartow Courthouse helps with injunction paperwork.

Even so, a hearing puts you in a courtroom, often across from the person who hurt you. Our attorneys are in court every day, so we know the courthouse, the clerk’s office, and how the process runs. We organize your facts into a clear petition, prepare you for questions, and speak for you at the hearing. We cannot promise an outcome, but we can help you walk in prepared.

A Polk County protective order lawyer from our firm can also explain what to expect afterward. For more on family law topics, browse our blog.

What happens if the other person violates the injunction?

A willful violation is a first-degree misdemeanor under section 741.31. Examples include contacting you directly or indirectly, being within 500 feet of your home, school, or workplace, knowingly coming within 100 feet of your vehicle, and damaging your property. A person with a prior conviction for domestic violence or an injunction violation who violates an injunction against the same victim faces a third-degree felony.

Call law enforcement when a violation happens. An arrested respondent stays in custody until brought before the court, and the court can enforce the order through civil or criminal contempt. If the court finds a willful violation, it must order a batterers intervention program unless it makes written findings that one would be inappropriate. The person harmed can also seek economic damages, including attorney’s fees for enforcing the injunction. The clerk must provide at least two certified copies of the order, so keep one with you.

Ready to talk? Call 863-622-9602. The Law Firm of Gil Colón, Jr. brings nearly 35 years of Florida experience, a Bartow office two blocks from the Polk County Courthouse, and bilingual service in English and Spanish. Schedule a consultation today.