Can I file a restraining order in Florida w/out physical harm?

Question

I am almost 7 months pregnant and my oldest brother constantly brings drugs in and around my house. He is very verbally abusive and currently possibly facing 30 years in prison for Doctor Shopping and accusing me of being the reason why he is in trouble. I am pretty much forced to stay in my room when he is home to avoid any confrontations and because I really am scared of him. He has been threatening to kill himself before he goes to prison and being a little more verbally abusive than usual. Being pregnant my panic anxiety has escalated and I am very fearful of what he may do or what he is capable of. I find myself locking my bedroom door at night. I have heard that in the state of Florida that there must be physical harm done to file a restraining order but I can't wait for that to happen. I live now in fear for myself and my family. Is there anything at all that I can do legally and quickly to keep him away?

Answer 1

You do not have to suffer physical harm, but you do need to show a definite risk of harm. That he threatens to hurt HIMSELF or that he uses drugs is not in itself. Nor is verbal abuse.



In any event, it sounds like you are living in the same house, and you cannot restrain someone from their own home. YOU need to move.

Answer 2

Yes, you can. Restraining orders are typically granted in cases of stalking, domestic abuse, or harassment. Here is a law article on filing for restraining orders: http://www.slaterkennon.com/articles/getting-a-restraining-order/ All you need is the harassment and threats in order to file for one. If you had to wait until instances of physical harm occurred, think about how many people it would be too late for? You have reason to be uncomfortable, you should take one out as soon as possible.

Answer 3

Yes..