The Five Types of Florida Protection Injunctions
Florida law gives you five different civil protective orders — called injunctions for protection. Which one applies depends on your relationship to the person who harmed you and the kind of harm involved. This guide explains each type, who qualifies, and what an injunction can order — with citations to the Florida Statutes.
What an Injunction Is
An injunction for protection is a civil court order — not a criminal charge
In Florida, the order most people call a “restraining order” is officially an injunction for protection. It is a civil order signed by a circuit court judge that tells the person who harmed or threatened you (the respondent) to stay away from you and stop the abuse. It is separate from any criminal case the State Attorney may bring, and you do not need to press criminal charges to get one.
You file as the petitioner. There is no filing fee and no fee for the sheriff to serve the respondent. §741.30(2)(a) Choosing the correct type of injunction is the most important first decision, because each type has its own petition form and its own legal definition you must meet.
In immediate danger? Call 911 now. For 24-hour confidential help, call the Florida Domestic Violence Hotline at 1-800-500-1119 or the National Domestic Violence Hotline at 1-800-799-7233. See our Florida hotlines guide.
The Five Types
Which Florida injunction fits your situation?
Florida recognizes five injunctions for protection. The right one is determined by your relationship to the respondent and the nature of the conduct. Read each carefully — filing under the wrong statute is one of the most common reasons a petition is denied.
1. Domestic Violence
Form 12.980(a) · §741.30For abuse between family or household members. Domestic violence includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal act causing physical injury or death of one family or household member by another. §741.28
2. Repeat Violence
Form 12.980(f) · §784.046For violence by someone who is not a family or household member — a neighbor, co-worker, acquaintance, or stranger. “Repeat violence” means two incidents of violence or stalking, at least one of which occurred within the six months before filing, directed at you or an immediate family member.
3. Dating Violence
Form 12.980(n) · §784.046For violence within a dating relationship that existed within the past six months. Florida looks at three factors: a continuing and significant romantic or intimate relationship; an expectation of affection or sexual involvement; and frequent interactions over time. Casual acquaintances and ordinary business or social contacts do not count.
4. Sexual Violence
Form 12.980(q) · §784.046For survivors of sexual violence — regardless of any relationship with the respondent. This covers sexual battery, a lewd or lascivious act on a minor, luring or enticing a child, sexual performance by a child, and similar offenses. You may file if you reported the sexual violence to law enforcement and are cooperating, or if the respondent was sentenced to prison for the offense and is getting out (or has within the last 90 days).
5. Stalking
Form 12.980(t) · §784.0485For victims of stalking or cyberstalking. Stalking is the repeated following, harassing, or cyberstalking of another person. As with repeat violence, courts generally look for two or more incidents. This injunction is available whether or not you have any prior relationship with the respondent.
At a Glance
Comparing the five injunctions
| Injunction | Statute | Petition Form | Relationship Required | Key Threshold |
|---|---|---|---|---|
| Domestic Violence | §741.30 | 12.980(a) | Family or household member | One act, or imminent danger |
| Repeat Violence | §784.046 | 12.980(f) | None | 2 incidents; 1 within 6 months |
| Dating Violence | §784.046 | 12.980(n) | Dating within past 6 months | Violence, or imminent danger |
| Sexual Violence | §784.046 | 12.980(q) | None | Reported & cooperating, or respondent leaving prison |
| Stalking | §784.0485 | 12.980(t) | None | Repeated following / harassment / cyberstalking |
Not sure which applies? If the person is or was a spouse, relative, co-parent, or someone you lived with, start with Domestic Violence. The clerk’s family-law intake staff can also help you identify the right petition — and that help is free.
What an Injunction Can Do
The protections a Florida judge can order
An injunction for protection can do far more than tell someone to “stay away.” Depending on the type and your circumstances, a judge may order any combination of the following:
- Prohibit the respondent from committing any further acts of violence
- Prohibit any contact — in person, by phone, by text, by email, through social media, or through other people
- Order the respondent to stay away from your home, workplace, school, and your children’s school or daycare
- Grant you exclusive use of a shared home, even if the respondent’s name is on the lease or deed (domestic violence)
- Establish temporary time-sharing and temporary child support (domestic violence)
- Order the respondent to surrender firearms and ammunition and prohibit possession while the injunction is in effect
- Order the respondent to attend a batterers’ intervention program
- Provide temporary support and other relief the court finds necessary for your protection
A violation of an injunction is a criminal offense in Florida. Once the respondent has been served, breaking the order can lead to arrest. §741.31 · §784.047
Temporary vs. Final
Two stages: the temporary injunction and the final injunction
Temporary (ex parte) injunction
When you file, the judge reviews your petition the same day — often without the respondent present. This is called an ex parte review. If the judge finds an immediate and present danger, the judge signs a temporary injunction that takes effect as soon as the respondent is served. A temporary injunction lasts up to 15 days, until your full hearing. The court can extend it for good cause, such as difficulty serving the respondent.
Final injunction
At the full hearing, both you and the respondent can present evidence and testimony. If the judge grants the petition, a final injunction is entered. It may last for a set period or have no expiration date, depending on what the judge orders. Either party can later ask the court to modify or dissolve it.
A temporary injunction protects you only after the respondent has been personally served. Keep a certified copy with you, give one to your workplace and your children’s school, and call 911 immediately if the order is violated.
Free Court Forms
The petition forms for each injunction — free from Florida Courts
Every Florida injunction form is approved by the Florida Supreme Court and available free. You never have to pay for the forms themselves.
| Form | Title | Get It |
|---|---|---|
| 12.980(a) | Petition for Injunction for Protection Against Domestic Violence | Florida Courts ↗ |
| 12.980(f) | Petition for Injunction for Protection Against Repeat Violence | Florida Courts ↗ |
| 12.980(n) | Petition for Injunction for Protection Against Dating Violence | Florida Courts ↗ |
| 12.980(q) | Petition for Injunction for Protection Against Sexual Violence | Florida Courts ↗ |
| 12.980(t) | Petition for Injunction for Protection Against Stalking | Florida Courts ↗ |
This article provides general information about Florida injunctions for protection under §741.30, §784.046, and §784.0485, Florida Statutes. It is not legal advice and does not create an attorney-client relationship. JusticeXpressFlorida.com is a document preparation service, not a law firm. For advice specific to your situation, consult a Florida-licensed attorney or a certified domestic violence advocate.