If you are searching for a restraining order in Florida, the first thing to know is that Florida uses a different legal name: an injunction for protection. Every court form and clerk you encounter will use that phrase. Knowing the correct term before you walk in can save time and confusion.
Who Can File for a Domestic Violence Injunction
The most common type of injunction is the domestic violence injunction, governed by Florida law at Fla. Stat. § 741.30. To be eligible, you must be a family or household member of the person you are seeking protection from, and you must either be a victim of domestic violence or be in reasonable fear of imminent domestic violence. Whether your particular relationship with the other person qualifies you as a family or household member under Florida law is worth confirming with the court clerk or a local legal aid organization before you file.
Other Types of Injunctions for Protection in Florida
Florida law does not limit protection to domestic violence situations. If your relationship with the other person does not qualify for a domestic violence injunction, or if your situation involves a different kind of threat, Florida provides additional injunction types:
Repeat violence injunction: Available when two incidents of violence or stalking have occurred, with at least one incident taking place within six months of when you file. Fla. Stat. § 784.046
Dating violence injunction: Florida law provides a separate injunction for dating violence situations. Confirm with your courthouse whether your specific situation qualifies. Fla. Stat. § 784.046
Sexual violence injunction: Also available for qualifying situations under Florida law. Fla. Stat. § 784.046
Stalking injunction: Florida provides a separate injunction specifically for stalking, which expressly covers cyberstalking. Fla. Stat. § 784.0485
Where to File — and What It Costs
You file in circuit court. Florida law gives you flexibility on venue: you may file in the circuit where you currently or temporarily live, where the respondent lives, or where the domestic violence occurred. There is no minimum residency requirement — you do not need to have lived in Florida for any set period before you can file. Fla. Stat. § 741.30(1)(j)
Cost is not a barrier. Florida law prohibits the court from charging a filing fee for a domestic violence petition for protection. You should pay nothing to file this type of petition. If you are asked to pay, ask to speak with a supervisor or contact your local legal aid organization. Fla. Stat. § 741.30(2)(a)
Stage 1: The Emergency Temporary Injunction
When you file your petition, a judge can review it the same day — without the other person present. This is called an ex parte hearing. If the judge finds sufficient grounds, a temporary injunction takes effect immediately, putting legal restrictions on the respondent before any full hearing occurs.
Time-sensitive: A temporary injunction can remain in effect for a fixed period of no more than 15 days. The court must schedule a full hearing no later than the date the temporary injunction expires. If the respondent cannot be located and served in time, the court may extend the temporary injunction for good cause — for example, inability to obtain service. Fla. Stat. § 741.30(5)(c)
Stage 2: The Full Hearing and Final Injunction
At the full hearing, both you and the respondent have the opportunity to speak and present evidence to the judge. If the judge issues a final injunction, it can remain in effect until the court modifies or dissolves it. The judge may set a specific end date, or may issue the order with no fixed expiration date at all. Either party may ask the court to modify or dissolve the injunction at any time after it is entered. Fla. Stat. § 741.30(6)(c)
What a Florida Injunction Can Order
A domestic violence injunction is far more than a simple stay-away command. The court has authority to include a broad range of relief in a single order: Fla. Stat. § 741.30(6)(a)
No-contact provisions — prohibiting the respondent from contacting you in any way
Exclusive use of the shared dwelling — ordering the respondent to vacate the home
Temporary parenting plan and timesharing — setting temporary custody and visitation terms for any children
Temporary support
Firearm surrender — requiring the respondent to give up any firearms
Batterers' intervention program — ordering the respondent to complete a certified program
Preparing Your Petition
The petition will ask you to describe what happened — specific incidents, dates, what was said or done, any injuries, and what you fear the respondent will do. The more concrete and factual your account, the better the judge can evaluate your request. When you go to file, consider having available:
Text messages, voicemails, or emails containing threats or harassment
Photographs of injuries or property damage
Police or incident report numbers from any prior calls
Medical records if you sought treatment for injuries
Names and contact information for any witnesses
Many Florida courthouses have a domestic violence unit, a clerk's self-help center, or an on-site advocate who can help you complete the paperwork at no charge. Call the clerk's office before you go to find out what assistance is available at that location.
If the Respondent Violates the Order
If the respondent contacts you, comes to your home or workplace, or otherwise breaks the terms of the order, contact law enforcement immediately. Call 911 if you are in immediate danger.
Your Florida order also carries federal force. Under the Violence Against Women Act, any valid protection order issued by a U.S. state, tribe, or territory must be honored and enforced in every other U.S. jurisdiction as if it were issued there. 18 U.S.C. § 2265. It is also a federal crime to cross state lines to stalk an intimate partner or to cross state lines to violate a protection order. 18 U.S.C. §§ 2261A, 2262. In practical terms: if you move to another state, your Florida injunction travels with you and must be enforced there.
What You Can Do in Florida: Steps to Follow
Go to your circuit court clerk's office. You can file in the circuit where you currently or temporarily live, where the respondent lives, or where the domestic violence occurred. No minimum residency in Florida is required.
Ask for the right petition type. For domestic violence involving a family or household member, ask for the petition for protection against domestic violence. For stalking or cyberstalking, ask about the stalking injunction. The clerk can point you to the correct form.
Do not pay a filing fee for a domestic violence petition. Florida law expressly prohibits the court from charging one. If you are asked to pay, speak with a supervisor or contact legal aid.
Complete the petition with specific detail. Describe each incident: what happened, when, where, what was said, what injuries or threats resulted. Specific, dated accounts are more useful to a judge than general descriptions.
Time-sensitive — know the 15-day window. If the judge issues a temporary injunction, it lasts no more than 15 days. The full hearing must be scheduled before it expires. Confirm your hearing date and time with the clerk, and attend.
Attend the full hearing and bring your evidence. This is your opportunity to speak to the judge and present texts, photographs, or records. The respondent will also appear and may contest the order.
Carry a certified copy of the final injunction. Florida law enforcement — and law enforcement in every other state — must honor a valid Florida protection order under federal law.
Where to Get Help in Florida
If you are in immediate danger, call 911. For non-emergency guidance and support, the Florida domestic violence hotline connects callers to local certified domestic violence centers, many of which have advocates who can accompany you to your hearing. Legal aid organizations across the state offer free or low-cost legal representation. Your courthouse clerk's office can tell you what self-help services are available on-site.
This article is general legal information, not legal advice. Laws change and every situation is different. Consult a Florida-licensed attorney or contact your local courthouse for guidance specific to your circumstances.
Frequently asked questions
Does Florida charge a filing fee to get a restraining order?
No. Florida law expressly prohibits the court from charging a filing fee for a petition for protection against domestic violence. You should pay nothing to file this type of petition. If you are asked to pay, ask to speak with a supervisor or contact a local legal aid organization. (Fla. Stat. § 741.30(2)(a))
How long does a temporary injunction last in Florida?
A temporary injunction in Florida can remain in effect for a fixed period of no more than 15 days. The court must schedule a full hearing no later than the date the temporary injunction expires. If the respondent cannot be served in time, the court may extend the temporary injunction for good cause, such as inability to obtain service. (Fla. Stat. § 741.30(5)(c))
Can a Florida final injunction expire on its own?
Not necessarily. A final injunction may remain in effect until the court modifies or dissolves it. The judge may set a specific end date or issue the order with no fixed expiration date at all. Either party can ask the court to modify or dissolve the order at any time after it is entered. (Fla. Stat. § 741.30(6)(c))
If I move to another state, will my Florida injunction still protect me?
Yes. Under the federal Violence Against Women Act, a valid protection order issued in any U.S. state, tribe, or territory must be honored and enforced in every other U.S. jurisdiction. It is also a federal crime to cross state lines to stalk an intimate partner or to violate a protection order. Your Florida order travels with you. (18 U.S.C. §§ 2261A, 2262, 2265)
I was harassed online — does Florida have a protection order for that?
Yes. Florida provides a separate injunction specifically for stalking, and the statute expressly covers cyberstalking. This is a different type of injunction from the domestic violence type; check with your local courthouse about whether your situation qualifies and which petition to file. (Fla. Stat. § 784.0485)
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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