STAY AWAY ORDERS AND INJUNCTIONS ARE TWO TOTALLY DIFFERENT THINGS

1. 1. Stay Away Order – Florida Statute 741.29(6) – Violation of a Stay Away Order
2. a. When a subject is arrested, if the Domestic Violence box has been checked, he/she will have to be before a judge who will issue a STAY AWAY ORDER in the name of any victims designated on the ARREST FORM (as such, please write the names of all the victims legibly on the back of the arrest form).
3. b. The stay away order will stay in effect until the case is closed or unless the victim comes in and gets a modified stay away order which is peaceful contact with no violence.
4. c. In the arrest form, write down the case number for which the stay away order was issued. This is the state’s case number beginning with a “M” (for misdemeanor) or a “F” (for felonies).

2. 2. An Injunction/Restraining Order – Florida Statute 741.31(4)(a) – Violation of an Injunction
3. a.. It is a totally civil order.
4. b. Petitioner goes to court and fills out documents including a petition, which has the facts as to why he/she wants an injunction.
5. c. That paperwork gets brought to the judge (without the parties) and if the court thinks it is legally sufficient then the judge will sign off on the “Temporary Injunction,” which it states the date for the respondent to appear before the court for a hearing. (If it is denied, the petitioner can ask for a rehearing).
6. d. The injunction MUST be served upon the RESPONDENT for it to have effect.
7. e. In the arrest form, indicate the case number for the injunction (It will always end in FC04) AND the date it was served.
8. f. An unserved injunction means nothing.
9. g. After the hearing, the court can issue a permanent injunction. That too must be served on the respondent in order to have effect.

An aggravated stalking can occur if the subject violates a stay away order or injunction two or more times; however, it can get sticky in the case of an injunction so if you have questions, contact Domestic Violence HDQs Monday – Friday during normal working hours (8 am – 5pm or the On-Call Assistant State Attorney after hours).