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Florida Domestic Violence Injunctions — How to Get a Protection Order

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Domestic Violence & Protection Orders

Florida Injunctions for Protection — How to Get Safe

Florida courts issue injunctions for protection in domestic violence, repeat violence, dating violence, sexual violence, and stalking cases. Filing is free. You do not need an attorney. This guide walks through every step — from the petition to the hearing.

Types of Injunctions
How to File
Temporary Injunctions
The Final Hearing
What the Order Covers
If You Were Served
Florida Resources
Types of Injunctions
How to File
Temporary Order
The Final Hearing
What It Covers
Safety Planning
If You Were Served
Florida Resources

Protection Orders in Florida

Florida’s Five Types of Injunctions for Protection

Florida law provides five distinct types of civil protection orders. The type you need depends on your relationship with the person and the nature of the conduct. All five are free to file and can be obtained without an attorney.

Domestic Violence Injunction

Who Qualifies

Spouses, former spouses, people related by blood or marriage, people living together as a family, parents of a child together, or people who have lived together in the past. §741.28

What Triggers It

Any act of domestic violence or a reasonable belief that domestic violence is imminent. Includes physical assault, sexual violence, stalking, and credible threats.

✓ Free to file

Repeat Violence Injunction

Who Qualifies

Any person who has been the victim of two or more incidents of violence or stalking by the respondent — regardless of their relationship. Neighbors, coworkers, acquaintances.

What Triggers It

At least two incidents of violence or stalking, one of which occurred within the last six months. §784.046

✓ Free to file

Dating Violence Injunction

Who Qualifies

People who have or have had a continuing and significant romantic or intimate relationship — but who do not qualify under the domestic violence definition (e.g., never cohabited).

What Triggers It

Any act of violence or a reasonable belief that violence is imminent within the context of the dating relationship. §784.046

✓ Free to file

Sexual Violence & Stalking Injunctions

Sexual Violence

Available to victims of sexual violence regardless of relationship. Does not require two incidents — one qualifying sexual offense is sufficient. §784.046

Stalking

Available to victims of stalking or cyberstalking — a pattern of conduct causing substantial emotional distress. §784.0485

✓ Free to file

Not sure which type applies? When you go to the courthouse to file, the clerk or a victim advocate can help you identify the correct petition form. If you describe your situation, they will direct you to the right type. You cannot get this wrong and be turned away — the clerk’s office is accustomed to helping petitioners choose the correct form.

Filing Your Petition

How to File for a Florida Injunction for Protection

Filing is free, does not require an attorney, and can be done at your county courthouse clerk’s office on any business day. In many counties, advocates are available at the courthouse to assist you through the process.

✓ There is no filing fee for any injunction for protection in Florida. The court cannot charge you to file. If anyone asks you for money to file a petition for protection, contact the clerk’s supervisor immediately.

What to bring when you file: Any photographs of injuries or property damage. Police report numbers or copies. Medical records if you sought treatment. Screenshots of threatening messages (print them if possible). Names and contact information of any witnesses. The respondent’s full name, date of birth, and address if you know it.

Temporary Protection

The Temporary Injunction — Immediate Protection

A Temporary Injunction (also called an ex parte order) is issued the same day you file, without the respondent being present. It provides immediate legal protection while the case moves toward a final hearing.

What a Temporary Injunction Does

A Florida Temporary Injunction for Protection immediately:

Prohibits the respondent from committing any acts of violence against you

May order the respondent to immediately vacate your shared home

Prohibits contact — in person, by phone, text, email, or through third parties

May establish temporary custody of children

May prohibit the respondent from possessing firearms

May award you exclusive use of a shared vehicle

⚠️ A Temporary Injunction is a court order. The respondent violating any provision — including contacting you after being ordered not to — is a first-degree misdemeanor in Florida, punishable by up to one year in jail. Call 911 if the respondent violates the order. Keep a copy of the order with you at all times.

If You Must Share a Residence

If the court orders the respondent out of the home but you are concerned they will not leave, contact the Sheriff’s Office. They can accompany you or enforce the order. You should not be the one who leaves your home — the court order protects your right to remain.

The Final Hearing

Preparing for Your Final Injunction Hearing

The final hearing is your opportunity to present evidence and testimony to make the injunction permanent. The respondent will also be present. Being prepared makes a significant difference in outcome.

What Happens at the Hearing

The final hearing is typically before a circuit court judge. Both parties may testify and present evidence. Witnesses can testify. The hearing usually lasts 30–60 minutes. The judge will issue a ruling at the end of the hearing or shortly thereafter.

You do not need an attorney — but having one helps, particularly if the respondent has an attorney. Many domestic violence centers offer free legal representation for final hearings. See Florida resources below →

Evidence That Strengthens Your Case

Your Testimony

You will testify under oath. Speak directly to the judge, not to the respondent. Answer questions factually and specifically — not generally. If you become emotional, take a breath. Judges understand this is difficult. Do not exaggerate or speculate — credibility matters enormously.

If the respondent denies everything: That is expected. The judge has seen this before. Corroborating evidence — photos, records, witnesses — is what tips the balance. Your testimony alone can be sufficient if it is credible and specific, but supporting documentation strengthens your case significantly.

Duration of a Final Injunction

A Final Injunction for Protection has no automatic expiration date — the judge sets its duration, which may be for a specified period or permanently. §741.30(6)(a) You can return to court to extend, modify, or dissolve the injunction as circumstances change.

If the Respondent Doesn’t Appear

If the respondent was properly served and does not appear at the final hearing, the judge may issue the final injunction by default. You still present your evidence — do not assume the judge will simply grant it without your testimony.

Scope of Protection

What a Florida Injunction for Protection Can Include

A Florida Final Injunction is highly customizable. At the hearing, you can specifically request each provision that applies to your situation. The judge may grant some or all of what you request.

Prohibit any contact — in person, by phone, text, email, social media, or third parties

Require the respondent to vacate and stay away from your home

Establish a minimum distance the respondent must maintain from you

Prohibit the respondent from your workplace, children’s school, place of worship

Award temporary custody of minor children

Establish temporary child support

Award exclusive use of a shared vehicle

Require respondent to surrender firearms and ammunition

Prohibit the respondent from acquiring firearms

Require the respondent to attend a batterers’ intervention program

Firearms — Federal Law Also Applies

Under federal law (the Lautenberg Amendment, 18 U.S.C. §922(g)(8)), a person subject to a qualifying domestic violence injunction is prohibited from possessing firearms or ammunition. This is a federal criminal offense, separate from Florida’s state law. If you know the respondent has firearms, tell the judge.

Children and the Injunction: If you have minor children with the respondent, the court can establish temporary custody and visitation within the injunction. If custody is a contested or complex issue, you may also need to file a separate family law case. The injunction judge can address immediate safety — longer-term parenting arrangements may require the family division.

Safety Planning

Safety Planning — Before, During, and After Filing

A protection order is a legal tool — it is not a physical barrier. Safety planning is equally important. The period immediately after filing or serving an injunction can be the most dangerous time.

If You Are Planning to Leave

If it is safe to do so, prepare before you leave:

After the Injunction Is Issued

The National Domestic Violence Hotline (1-800-799-7233) provides free, confidential safety planning assistance 24 hours a day, 7 days a week, including by chat at thehotline.org.

For Respondents

If You Were Served with a Florida Injunction

If you have been served with a Temporary Injunction, you have specific legal obligations that begin immediately and a right to contest the injunction at a final hearing.

Your Immediate Obligations

From the moment you are served, the Temporary Injunction is legally binding on you. Violating any provision — including any contact with the petitioner — is a first-degree misdemeanor. You must:

⚠️ Do not contact the petitioner to “work things out,” even if they reach out to you first. The injunction is a court order against you, not against the petitioner. Even if the petitioner contacts you, you violating the order can result in arrest. Any contact — initiated by either party — can be used against you.

Your Right to Contest at the Final Hearing

You have the right to appear at the final hearing, present evidence, testify under oath, and contest the allegations in the petition. You may also bring witnesses and present documentation. You have the right to be represented by an attorney.

If you do not appear at the final hearing, the judge may enter a permanent injunction against you by default. Attend the hearing.

Preparing for the Final Hearing

Gather any evidence that contradicts the allegations: communications between you and the petitioner that are inconsistent with the claims, witness statements, documentation of your whereabouts on dates alleged, and any other relevant records. Consider consulting a Florida attorney — particularly if children or firearms are at issue in the injunction.

Help & Resources

Florida Domestic Violence Resources

Free, confidential assistance is available across Florida — from crisis hotlines to free legal representation at your final hearing. You do not have to navigate this alone.

ⓘ This information is for general educational purposes about Florida law only. It is not legal advice. If you are in danger, call 911 or the National Domestic Violence Hotline at 1-800-799-7233. JusticeXpressFlorida.com is a document preparation service — injunction petition forms are available free from Florida Courts and we direct petitioners to those free resources first.

Need Help Now?

1-800-799-7233

National Domestic Violence Hotline. Free. Confidential. Available 24 hours a day, 7 days a week.

Find Florida Resources →

🛡️ Injunction filing is always free in Florida. You do not need an attorney.

Free Injunction Forms

All Florida injunction petition forms are free from the court. We link directly to the official sources.

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