Types of injunctions for protection in Florida
Florida doesn't use the term "restraining order" in its statutes. The court issues an injunction for protection, and the type depends on the relationship and what's alleged:
- Domestic violence injunctions under section 741.30, between family or household members such as spouses, former spouses, relatives, people who live or lived together as a family, and parents of a child in common.
- Repeat violence, dating violence and sexual violence injunctions under section 784.046. Repeat violence requires two incidents of violence or stalking, one of them within 6 months of the petition. Dating violence requires a continuing romantic relationship that existed within the past 6 months. A sexual violence injunction can rest on a single incident.
- Stalking and cyberstalking injunctions under section 784.0485, which can be filed against anyone, including a neighbor, coworker or stranger.
There's no filing fee for a domestic violence or stalking petition, and the clerk's office helps petitioners fill out the forms. That makes these cases easy to start, and some are filed during a divorce or custody dispute. A risk protection order is a different proceeding brought by law enforcement.
What a temporary ex parte injunction means
"Ex parte" means the judge signed the order after reading only the petitioner's sworn petition. You weren't there and had no chance to respond. If the judge finds the petition shows an immediate danger, a temporary injunction can be issued the same day and served on you by a deputy.
A temporary injunction lasts up to 15 days. The full hearing has to be set before it expires, which is why your hearing date is usually so close. Either side can ask for a continuance for good cause, and the temporary order stays in effect until the new date. In a domestic violence case, the temporary order can give the petitioner exclusive use of a shared home and set a temporary time-sharing schedule for your children, giving the petitioner up to 100 percent of the time. Follow every term, even if you believe the petition is false.
Domestic violence injunction hearing in Florida
Injunction hearings in Pinellas County are heard by circuit judges, not juries. The petitioner testifies first and can call witnesses and offer evidence. You have the right to cross-examine them, testify yourself and present your own witnesses and evidence. In a domestic violence case, the judge decides whether the petitioner is a victim of domestic violence or has reasonable cause to believe they are in imminent danger of becoming one.
If the judge enters a final injunction, it can last for a set period or remain in place until a judge modifies or dissolves it. Either side can later ask the court to change or end it. If the petition is denied, the temporary injunction ends that day.
How to prepare for an injunction hearing
Many people walk into the final hearing with nothing but their side of the story. The ones who do well usually come prepared:
- Print the full text message and social media history, not screenshots of a few lines. Context often shows who was reaching out to whom.
- Bring proof of where you were on the dates in the petition, such as work schedules, receipts or phone location records.
- Line up witnesses who saw the events and make sure they can be in court on the hearing date.
- Don't contact the petitioner or ask anyone else to contact them for you, even to talk about the hearing.
If there's a pending criminal case, or one could be filed, be careful. Anything you say under oath at the injunction hearing can be used against you in criminal court. Doug Greenberg's background as a state prosecutor gives him a clear view of how prosecutors use those transcripts, and we plan your testimony with both cases in mind.
How a final injunction affects guns, housing, jobs and custody
Under section 790.233, a person subject to a final domestic violence or stalking injunction may not have any firearm or ammunition. Possessing one is a first-degree misdemeanor, and the judge can order you to surrender them. Federal law can also bar gun ownership under certain domestic violence injunctions. For anyone who carries a firearm at work, that can mean losing the job.
An injunction is a public court record, and it's entered into a statewide database that law enforcement checks. It can come up in background screenings for housing and employment. In family court, the findings from a domestic violence injunction hearing can affect a later custody or time-sharing decision.
Violating an injunction in Florida
Willfully violating an injunction is a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine. Common violations include going within 500 feet of the petitioner's home, school or workplace, coming within 100 feet of their car, and calling, texting or messaging them directly or through someone else. For a domestic violence injunction, one prior conviction for domestic violence or an injunction violation against the same person makes a new violation a third-degree felony.
The injunction restrains only you. If the petitioner calls you or invites you over, you can still be arrested for responding. If both of you want contact again, the right step is a motion to modify or dissolve the order.
If you need to file for protection
Most of our injunction work is defending respondents, but we also talk with people who are thinking about filing a petition. If you're in that position, call us to talk through your situation, and we'll tell you honestly whether we can help or where to turn.
Injunction questions we hear most often
How long does a temporary injunction last in Florida?
Up to 15 days. The final hearing must be set before the temporary injunction expires, and if the hearing is continued, the temporary order stays in effect until the new date.
Do I need a lawyer for an injunction hearing?
You aren't required to have one, but the final hearing is a contested evidentiary hearing with testimony and cross-examination. A final injunction can affect your gun rights, your home and your time with your children. If a criminal case is possible, a lawyer can also protect you from statements that could be used against you.
What happens if I don't show up to the injunction hearing?
The judge can enter a final injunction without hearing from you. Once that happens, you would have to file a motion asking the court to modify or dissolve it, which is harder than contesting it the first time.
Can the petitioner drop an injunction in Florida?
The petitioner can ask the court to dismiss the petition or dissolve the injunction, but only the judge can end it. Until a new order is signed, the injunction is still in effect and you can still be arrested for violating it.
Is violating an injunction a felony in Florida?
Usually it's a first-degree misdemeanor. It becomes a third-degree felony after prior convictions against the same person: one prior domestic violence or injunction violation conviction for a domestic violence injunction, or two prior injunction violation convictions for repeat, dating or sexual violence injunctions.