Florida Domestic Violence Injunctions — Restraining Orders, Filing Process & Your Rights
Domestic violence injunctions (also called restraining orders or protection orders) are emergency protective orders available in Florida to protect victims of domestic violence, dating violence, sexual violence, repeat violence, and stalking. Understanding the process is essential whether you need protection or are defending against an injunction.
Types of Injunctions in Florida
Florida provides several types of injunctions for protection:
- Domestic Violence — between family or household members (current/former spouses, co-parents, people who lived together)
- Dating Violence — between people who have or had a continuing, significant romantic relationship
- Sexual Violence — for victims of sexual battery or other sexual offenses
- Repeat Violence — two incidents of violence or stalking, one within 6 months
- Stalking — two or more acts of harassment or cyberstalking
The Filing Process
A petition for injunction can be filed at any time, including after hours, at the courthouse in the county where the petitioner or respondent lives or where the violence occurred. A temporary injunction can be granted immediately without the other party being present (ex parte). A full hearing is then scheduled within 15 days, where both parties can present evidence and testimony.
Impact on Family Law Cases
A domestic violence injunction can significantly impact custody and timesharing. The court must consider evidence of domestic violence when determining the best interests of the child. An injunction may result in supervised timesharing, restricted contact, or other protective measures. However, an injunction alone does not determine custody — it is one factor among many.
Defending Against an Injunction
If an injunction is filed against you, take it seriously. You have the right to a hearing within 15 days where you can present your defense. Violating even a temporary injunction — before the hearing — is a criminal offense. An experienced attorney can help you prepare your defense and protect your parenting rights.
Real-World Scenarios
Spouse threatening physical violence during divorce
You can file for a domestic violence injunction immediately, even during divorce proceedings. The injunction can order the other party out of the shared home, grant you temporary exclusive use, and establish temporary timesharing and support pending the divorce.
False injunction filed to gain advantage in custody case
Unfortunately, injunctions are sometimes filed as a litigation tactic. If you believe the petition is false, prepare a strong defense for the hearing. Bring evidence (texts, emails, witnesses) that contradicts the allegations. The court takes false filings seriously.