Domestic Violence Injunctions in Florida: How to Protect Yourself and Your Family

If you or someone you love is experiencing domestic violence, you need to know that Florida law provides a powerful tool to protect you: a domestic violence injunction, commonly known as a restraining order.

I'm Scott Kalish, a family law attorney here in South Florida. Before I practiced family and divorce law, I was a state prosecutor. During my time as a prosecutor, I handled a significant number of domestic violence cases, from the other side. That experience gives me a unique perspective when helping clients navigate injunctions today, whether they need to file for protection or they've been served with one.

In this guide, I'm going to walk you through everything you need to know about domestic violence injunctions in Florida: the legal process, what qualifies, what evidence you'll need, what happens at the hearing, and how an injunction can affect your divorce and custody case. My goal is to give you the clarity and confidence to take the right next step.

What Is a Domestic Violence Injunction in Florida?

A domestic violence injunction: sometimes called a restraining order, is a court order that legally prohibits a person from contacting, coming near, or threatening another person. In Florida, these injunctions are governed by Florida Statute § 741.30.

The purpose of a domestic violence injunction is straightforward: to provide immediate protection for victims of domestic violence and to prevent further acts of violence or threats. Once a judge signs this order, the person named in the injunction (called the "respondent") must comply or face serious legal consequences, including arrest.

Who Can File for a Domestic Violence Injunction?

Not just anyone can file for a domestic violence injunction specifically. Under Statute § 741.28, you must be a "family or household member" of the person you're seeking protection from. The law defines this as:

• Spouses and former spouses
• Persons related by blood or marriage
• Persons who are presently residing together as if a family or who have resided together in the past as if a family
• Persons who have a child in common regardless of whether they've ever been married or lived together

There is one important exception to note: if you and the other person do not have a child in common, you must have resided together at some point in the same dwelling to qualify for a domestic violence injunction. If you've never lived together and don't share a child, a different type of injunction, such as a dating violence, sexual violence, or stalking injunction, may be more appropriate.

What Qualifies as Domestic Violence Under Florida Law?

Florida law provides a specific definition of domestic violence. Under § 741.28 Statutes, domestic violence means any of the following acts committed by one family or household member against another:

• Assault: An intentional, unlawful threat of violence that creates a well-founded fear of imminent harm
• Aggravated assault — Assault with a deadly weapon or intent to commit a felony
• Battery: Intentionally striking or touching another person against their will
• Aggravated battery: Battery causing great bodily harm, permanent disability, or involving a deadly weapon
• Sexual assault and sexual battery
• Stalking and aggravated stalking
• Kidnapping
• False imprisonment
• Any criminal offense resulting in physical injury or death to a family or household member

The 5 Types of Injunctions for Protection

Florida recognizes five different types of injunctions. The type you file depends on your relationship with the person you need protection from and the nature of the conduct. Here's how they compare:

Type of Injunction	Relationship Required	Florida Statute	Key Requirement
Domestic Violence	Family/household member, spouse, former spouse, co-parent	§ 741.30	Domestic violence occurred or imminent danger exists
Dating Violence	Persons in a continuing, significant romantic relationship	§ 784.046	Violence by person who has or had a dating relationship
Sexual Violence	No specific relationship required	§ 784.046	Sexual battery, lewd act, or law enforcement report filed
Repeat Violence	No specific relationship required	§ 784.046	Two incidents of violence, at least one within 6 months
Stalking	No specific relationship required	§ 784.0485	Repeated following, harassment, or cyberstalking

For the remainder of this article, we'll focus specifically on domestic violence injunctions, since those arise most frequently in the divorce and family law cases that our firm handles.

How to File for a Domestic Violence Injunction: Step by Step

The process for obtaining a domestic violence injunction in Florida moves quickly, by design. When someone is in danger, the courts prioritize getting a protective order in place as fast as possible. Here's how the process works:

Step 1: File Your Petition

You'll start by filing a Petition for Injunction for Protection Against Domestic Violence at the clerk of court in your county. In Palm Beach County, that's at the courthouse in West Palm Beach. In Broward, it's the courthouse in Fort Lauderdale. The filing fee for a domestic violence injunction is approximately $409 plus an additional $10 for issuance of a summons. However, if you cannot afford the fee, you may be eligible for a fee waiver.

In the petition, you'll describe in detail: who the respondent is, your relationship to them, what acts of domestic violence have occurred or why you believe you're in imminent danger, and what specific protections you're requesting.

Step 2: Judge Reviews Your Petition (Ex Parte)

Once you file your petition, a judge will review it, typically the same day or the next business day. This is called an "ex parte" review, meaning the judge reviews your petition without the respondent present. The respondent does not get a chance to respond at this stage.

The judge is looking at one question: Based on the allegations in this petition, does this person appear to be a victim of domestic violence or in imminent danger of becoming one?

Step 3: Temporary Injunction Granted (or Denied)

If the judge finds that your petition demonstrates sufficient grounds, they will issue a Temporary Injunction for Protection. This temporary order goes into effect immediately and typically includes provisions such as:

• No contact with the petitioner (in person, phone, text, email, social media, or through third parties)
• Stay-away provisions (must remain a certain distance from the petitioner's home, workplace, and school)
• Temporary exclusive use of the shared residence by the petitioner
• Temporary custody of minor children to the petitioner
• Surrender of firearms

Step 4: Respondent Gets Served

The respondent must be formally served with the temporary injunction and a notice of the final hearing. Service is usually handled by a process server or law enforcement, costing around $40–50. The respondent is legally bound by the injunction the moment they are served.

Step 5: Final Hearing

A final hearing is typically scheduled within 15 days of the temporary injunction being issued (though it can sometimes be scheduled up to 2–3 weeks out depending on the court's calendar). At this hearing, both sides have the opportunity to present evidence, call witnesses, and make their case. I'll walk through what happens at the final hearing in detail below.

Temporary vs. Final Injunction: What's the Difference?

This is a distinction that often confuses people, so let me break it down clearly:

Feature	Temporary Injunction	Final Injunction
How it's obtained	Judge reviews petition without the respondent present (ex parte)	Issued after a full evidentiary hearing where both sides present their case
When it takes effect	Immediately upon signing, typically same day or next business day	At the conclusion of the final hearing
Duration	Lasts until the final hearing (approximately 15 days)	Can last from 6 months to indefinite/permanent
Burden of proof	Lower: judge reviews petition only	Higher: petitioner must prove allegations by a preponderance of the evidence
Respondent's rights	No opportunity to respond before issuance	Full opportunity to present evidence, cross-examine, and call witnesses
Modifiable?	Generally not modified before the final hearing	Yes: can be modified, extended, or dissolved by the court

Think of the temporary injunction as emergency protection that the court puts in place while both sides prepare for the full hearing. The final injunction is the court's decision after hearing from both parties.

Understanding the "Imminent Danger" Standard

To obtain a domestic violence injunction, you need to prove one of two things: (1) that domestic violence has already occurred, or (2) that you are in imminent danger of becoming a victim of domestic violence.

The "imminent danger" standard is critical because it means you don't necessarily need to have been physically harmed. If the circumstances show that violence is likely and could happen at any time, a judge can issue the injunction to prevent it.

How Do Courts Evaluate Imminent Danger?

Judges look at the totality of the circumstances. There's no single checklist, but the types of evidence that courts consider include:

• Erratic or unpredictable behavior: Has the respondent been acting in ways that are increasingly aggressive, unstable, or irrational?
• Explicit or implicit threats: Direct threats of harm, or statements like "you'll regret this" or "you don't know what I'm capable of"
• Destruction of property: Breaking objects, punching walls, smashing a phone. Even if they haven't touched you, destroying property is often a precursor to physical violence
• History of past violence: Prior incidents of domestic violence, even if not reported to police, combined with current elevated tension
• Escalating pattern of behavior: The conduct is getting worse over time, not better
• Weapons access: The respondent has access to firearms or other weapons
• Substance abuse issues: Active alcohol or drug use that impairs judgment and increases volatility

What Evidence Do You Need?

Evidence is what wins or loses these cases. Whether you're filing for an injunction or defending against one, the strength of your evidence will be the deciding factor. Here's what courts look at:

Strong Forms of Evidence

• Police reports: If law enforcement has been called to the home, those reports are powerful evidence. They document what officers observed at the scene
• Text messages and emails: Threatening, abusive, or controlling messages are some of the most compelling evidence in these cases. Save everything and take screenshots
• Photographs: Photos of injuries, damaged property, or any physical evidence of violence. Make sure photos are time-stamped
• Medical records: Emergency room visits, doctor's notes, or any medical treatment related to injuries from domestic violence
• Voicemail recordings: Saved voicemails containing threats or abusive language
• Witness testimony: Family members, friends, neighbors, or co-workers who witnessed the abuse or its aftermath can testify on your behalf
• Prior injunctions or criminal history — A history of similar behavior documented in the legal system

Supporting Evidence

• Records of calls to domestic violence hotlines
• Journal entries or contemporaneous notes documenting incidents as they occurred
• Social media posts that show threatening or harassing behavior
• Evidence of controlling behavior: financial control, isolation from family/friends, monitoring your phone or location

What Happens at the Final Hearing?

The final hearing is essentially a mini-trial. It's not a jury trial, a judge will hear the evidence and make the decision. But it is a formal court proceeding, and both sides have the right to present their case fully.

Here's what you can expect:

The Petitioner's Case

The petitioner goes first. You (or your attorney) will present your evidence, call witnesses, and explain to the judge why the injunction should be made permanent. You'll likely testify about the incidents of domestic violence or the circumstances that create imminent danger.

Cross-Examination

After you present your testimony, the respondent (or their attorney) has the right to cross-examine you. This means they can ask you questions to challenge your account or credibility.

The Respondent's Case

The respondent then has the opportunity to present their own evidence, call their own witnesses, and testify. You (or your attorney) will have the right to cross-examine them.

Judge's Decision

After hearing from both sides, the judge will make a ruling, sometimes on the spot, sometimes after a brief recess. The judge will either grant a final injunction (making it a longer-term court order), deny the injunction (dissolving the temporary order), or in some cases modify the terms of the temporary injunction.

Consequences of a Domestic Violence Injunction

A domestic violence injunction is a serious court order with far-reaching consequences for the respondent. If an injunction is entered against you, here's what it can mean:

No-Contact Provisions

The respondent is prohibited from contacting the petitioner by any means: phone, text, email, social media, or through a third party. They must also stay a certain distance from the petitioner's home, workplace, school, and other frequented locations.

Firearm Surrender

Under both Florida and federal law, a person subject to a domestic violence injunction is required to surrender all firearms and ammunition. This includes concealed weapons permits. Violating this provision is a separate criminal offense. Under the federal Lautenberg Amendment, possessing a firearm while subject to a qualifying protective order is a federal crime.

Exclusive Use of the Residence

The court may award the petitioner exclusive use of the shared home, even if the respondent's name is on the lease or mortgage. This can require the respondent to find alternative living arrangements immediately.

Temporary Custody and Timesharing

If minor children are involved, the injunction can include temporary provisions for custody and timesharing. The court may grant the petitioner temporary sole custody or establish a supervised visitation schedule until the underlying custody case is resolved.

Employment and Background Check Impact

A domestic violence injunction is a public court record. It will appear on background checks and can affect employment opportunities, especially for individuals in law enforcement, education, healthcare, government, or positions requiring security clearances.

Impact on Immigration Status

For non-citizens, a domestic violence injunction can have immigration consequences, including complications with visa applications, green card renewals, and naturalization proceedings.

What Happens If Someone Violates an Injunction?

Violating a domestic violence injunction is a criminal offense. Under Florida Statute § 741.31, a violation is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine.

What counts as a violation? Essentially, any act that the injunction prohibits. Common examples include:

• Showing up at the petitioner's home, workplace, or school
• Sending a text message, email, or social media message
• Calling the petitioner directly, or having someone else contact them on your behalf
• Failing to surrender firearms as required
• Any act of violence or threat against the petitioner

How a Domestic Violence Injunction Impacts Your Divorce and Custody Case

This is a question I get frequently from my clients, and it's an important one. A domestic violence injunction can have significant implications for a concurrent or future divorce case.

Impact on Timesharing and Custody

Florida courts are required to consider domestic violence as a factor when determining what's in the best interest of the child. Under Florida Statute § 61.13, evidence of domestic violence, including an injunction, can significantly influence timesharing decisions. A judge may:

• Limit the abusive parent's timesharing
• Order supervised visitation
• Restrict overnight timesharing
• Grant the other parent sole parental responsibility (decision-making authority)

As I discussed in my article on parenting plans, the court's primary concern is always the best interest of the children. A documented history of domestic violence weighs heavily in that analysis.

Impact on Property and Financial Matters

If the injunction grants exclusive use of the marital home, this affects negotiations around equitable distribution. The respondent may be displaced from the home while still responsible for the mortgage or lease payments.

Impact on Alimony

Domestic violence can also be relevant in alimony determinations. Florida courts may consider the circumstances of the marriage, including violence, when deciding whether to award spousal support and how much.

Strategic Considerations

I want to be candid about something: domestic violence injunctions are sometimes filed strategically in connection with a divorce to gain an advantage in custody or property disputes. As a former prosecutor, I've seen this from both sides. If you've been wrongly accused, you need to take it seriously and respond with strong legal representation. If you're a genuine victim, you deserve the full protection the law provides.

Defending Against a Domestic Violence Injunction

If you've been served with a domestic violence injunction, you need to understand: this is not something to ignore. Whether or not you believe the allegations are justified, the temporary injunction is a court order and you must comply with it while preparing your defense for the final hearing.

Common Defenses

• The allegations are fabricated or exaggerated: Evidence such as texts, witness testimony, or video that contradicts the petitioner's claims
• Self-defense — You were acting in defense of yourself and the force was reasonable under the circumstances
• Lack of relationship qualification: The petitioner does not meet the "family or household member" requirement for a domestic violence injunction
• No imminent danger: The incident occurred long ago and there is no current threat
• Insufficient evidence: The petitioner's allegations are vague or unsupported by evidence

How Long Does an Injunction Last? Modification and Dissolution

The duration of a final domestic violence injunction is up to the judge. Under Florida law, a final injunction can last:

• A specific period of time: commonly 6 months, 1 year, or 5 years
• Indefinitely: "until further order of the court," which means it remains in effect until someone petitions to have it changed or dissolved

Many final injunctions are entered as permanent or indefinite: meaning they don't expire on their own. The only way to remove a permanent injunction is to file a motion asking the court to dissolve it.

Modifying or Dissolving an Injunction

Either party can petition the court to modify or dissolve an existing injunction. Common reasons include:

• Changed circumstances that eliminate the need for protection
• Both parties agree the injunction is no longer necessary
• The respondent has completed treatment, counseling, or other conditions
• A significant amount of time has passed without incident

The court will hold a hearing and consider whether modifying or dissolving the injunction serves the best interests of all parties involved, particularly any minor children.

Frequently Asked Questions About Domestic Violence Injunctions