How to Get an Injunction for Protection Against Domestic Violence in Florida

Plain-language guidance on domestic violence injunctions in Florida.

Understanding Injunctions for Protection Against Domestic Violence in Florida

What a Domestic Violence Injunction Is

A domestic violence injunction in Florida is a civil court order that is meant to help a person stay safer from someone close to them who has harmed them or made them afraid of being harmed. Some people also call it a “restraining order” or “protective order.”

The injunction is a written order from a judge that can set rules about contact, communication, and distance. It is not a criminal charge by itself, but violating the injunction can lead to criminal consequences for the other person.

Who Can Generally Ask for a Domestic Violence Injunction

In Florida, a person can usually apply for a domestic violence injunction when there is a specific kind of relationship with the other person. Common examples include:

• Spouses or former spouses
• People who currently live together as a family
• People who used to live together as a family in the same home
• People who share a child together, even if they have never lived together or been married

The court looks at whether there has been violence or a real, reasonable fear of becoming a victim of violence. This can include things like physical harm or serious threats, but the exact assessment is up to the judge and based on what is written in the petition and any evidence provided.

Getting the Forms and Filing a Petition

To ask for a domestic violence injunction, a person files a written request called a “petition” with a Florida court. This is usually done in the county where either person lives, or where the violence happened.

Common ways to get the forms include:

• Visiting the clerk of court office in your county and asking for domestic violence injunction forms
• Using forms available on many Florida county clerk or court websites
• Getting help completing the forms through a local domestic violence program, legal aid organization, or court self-help center

In the petition, the person explains the relationship, what has happened, and why they are afraid or need protection. The forms will usually have spaces to describe recent incidents and specific safety concerns. It is important to read any instructions on the forms carefully, and to answer all required questions as clearly as possible.

Requesting a Temporary (Emergency) Injunction

On the petition forms, there is usually a place to ask the judge for a temporary injunction while the court schedules a full hearing. This is sometimes called an “ex parte” temporary injunction, meaning the judge reviews it based only on the information from the person asking for protection, without the other person present yet.

After the petition is filed:

• A judge reviews the paperwork, often the same day or within a short time.
• The judge may grant a temporary injunction, deny it, or set it for a full hearing without granting temporary protections.
• If a temporary injunction is granted, it usually lasts only until the court can hold a full hearing with both sides present.

If a temporary injunction is granted, the court will prepare an order that explains what the other person is not allowed to do. This order needs to be formally delivered to (served on) the other person before it can be enforced.

Serving the Respondent and Scheduling the Full Hearing

After filing the petition, the court will usually set a hearing date. This is a court session where both the person asking for protection (the petitioner) and the other person (the respondent) can appear, present information, and answer the judge’s questions.

The respondent must be formally “served” with:

• A copy of the petition
• Any temporary injunction that was granted
• Notice of the date, time, and place of the hearing

Service is often handled by the sheriff’s office or another authorized person. The person asking for the injunction generally does not need to hand the papers to the respondent personally, and should not try to do so if it feels unsafe.

At the full hearing, each side may bring witnesses, documents, messages, or other items that support their version of events. The judge will listen to both sides, ask questions, and decide whether to issue a final injunction and what terms it should have.

Possible Protections in a Florida Domestic Violence Injunction

Every order is different and the judge decides what is appropriate. Possible types of relief in a domestic violence injunction may include:

• Contact limits: ordering the respondent not to contact the petitioner directly or indirectly, including through calls, texts, emails, or social media
• Stay-away provisions: requiring the respondent to stay a certain distance away from the petitioner’s home, workplace, school, or other places
• Housing-related orders: giving the petitioner temporary exclusive use of a shared home, or ordering the respondent to move out, even if both names are on the lease or title
• Temporary child-related orders: creating temporary time-sharing (visiting) arrangements, exchanges in safe locations, or supervised contact with children, depending on the situation
• Temporary support: ordering the respondent to pay certain temporary support, such as child support or help with specific expenses, if the legal requirements are met
• Firearm restrictions: limiting the respondent’s ability to possess or obtain firearms, depending on the order and the law

The judge may also include other conditions that are tailored to the situation, such as requiring the respondent to avoid third-party contact, not to damage property, or to follow certain child exchange rules. The exact terms vary based on the facts and the judge’s decision.

How Long an Injunction Can Last

Temporary injunctions are usually short-term and are meant to last only until the full hearing can be held. The expiration date is written in the order.

Final injunctions can last longer. In Florida, a judge can set an end date or decide that the injunction will remain in effect until the court changes or ends it. The order will usually state:

• Whether there is a specific expiration date
• Whether it continues until further order of the court
• What steps someone must take if they want the court to change, extend, or end it

Getting Up-to-Date Information and Support in Florida

Procedures, forms, and local rules for domestic violence injunctions can change over time and may not be exactly the same in every Florida county. For the most current information, it can be helpful to:

• Contact the clerk of court in your county and ask about domestic violence injunction procedures
• Speak with a local legal aid organization or lawyer for individualized legal advice
• Reach out to a Florida domestic violence program or advocacy service for safety planning and help understanding options

Additional support options across the United States, including Florida, can be found through resources listed at https://www.dv.support.

Safety and Practical Considerations

Some people find it helpful to think about safety before, during, and after the injunction process. This can include:

• Planning how to travel to and from court safely
• Letting a trusted person know about court dates and times, if that feels safe
• Keeping copies of the injunction order in a place that is easy to reach, such as a bag, car, or workplace
• Asking local police or the sheriff’s office how they enforce injunctions in that area

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