He's been threatening the lives of myself, my dog, and now my family. He's recently purchased a gun and I want him out before he gets it. How can I get him out quickly?
You need to obtain an Injunction for Protection Against Domestic Violence (Restraining order) immediately! Go to your local county courthouse and ask for the domestic violence intake unit as you need to file a restraining order. Most counties have intake clerks who will help you fill out the paperwork.
If you state specifically what physically violent acts your boyfriend has done recently, or what threats of violence he has made against you, and if you state that you are in fear for your safety, then this petition is taken to a duty judge. The judge will review the petition and if your statements meet the statutory criteria then the court will enter an injunction, without a hearing.
The Court clerks will then ensure that the signed injunction gets to the local sheriff for service. They will also give you an emergency copy of the order that you can keep with you until your boyfriend is served, and provide you with other information about the injunction. Once your boyfriend is served he will have to leave the apartment and stay over 500 feet from you or risk arrest. However, for your own safety, stay away from the apartment until the injunction is entered and he is served by the sheriff and required to leave the apartment.
Under Florida law, a return hearing must be set within 15 days of the entry of the initial injunction. At that time both your boyfriend and you will be able to present testimony, witnesses and evidence before the Court. The Court can then keep the injunction in place indefinitely, keep it in place for a specific period of time, or dismiss it if the Court does not believe you have proven your case.
Please protect yourself...nobody has a right to abuse anyone!
Best of luck,
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Ste. 301
Plantation, FL 33322
954.316.3496
info@vovalaw.com
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