Restraining orders in Florida: Types, process, and how to file

Types of restraining orders in Florida

Florida does not use one single injunction for every situation. The state has different injunction categories based on the parties' relationship and the facts. Getting the category right helps the court evaluate the petition under the correct legal standard.

Domestic violence injunction in Florida

A domestic violence injunction is meant for people who are family or household members. That includes current or former spouses, people related by blood or marriage, people who live together as a family or have lived together, and parents of a child in common. Domestic violence can include assault, battery, sexual assault, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death. It can also apply when you have reasonable cause to believe you are in imminent danger of becoming a victim of domestic violence.

Dating violence injunction in Florida

A dating violence injunction is for violence between people who have or had a continuing and significant romantic or intimate relationship. Florida looks at things like the length of the relationship, the nature of the relationship, and how often the people interacted. This injunction is often used when the parties were dating but do not qualify as family or household members for a domestic violence injunction.

Sexual violence injunction in Florida

A sexual violence injunction can be available regardless of the relationship between the parties. It applies in cases involving specific sexual offenses, including sexual battery and certain offenses involving children. This type of injunction is focused more on the act itself than on whether you were in a domestic or dating relationship with the other person.

Stalking injunction in Florida

A stalking injunction is designed for people dealing with stalking or cyberstalking. Florida law defines stalking as willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. Cyberstalking is expressly included in the stalking injunction statute. This option is often relevant when there is repeated unwanted contact, monitoring, online harassment, or behavior that causes substantial emotional distress and serves no legitimate purpose.

Repeat violence injunction in Florida

A repeat violence injunction is generally used when there have been two incidents of violence or stalking, with at least one of them occurring within six months before filing. It is often used when the parties do not have the type of family or dating relationship needed for the other injunction categories.

Who qualifies for a Florida injunction for protection?

Before filing, it helps to know what the court will be looking for. Florida judges do not grant injunctions just because a relationship is tense or communication has broken down. The petition must meet the legal requirements for the specific injunction you are requesting.

Relationship requirements for each injunction type

Some injunctions depend heavily on the relationship. Domestic violence requires a qualifying family or household relationship. Dating violence requires a significant romantic or intimate relationship. Sexual violence, stalking, and repeat violence generally do not require a particular relationship. That’s why the same set of facts might support one type of injunction but not another.

What counts as violence, stalking, or a threat

Depending on the injunction type, the court may look at assault, battery, sexual violence, stalking, cyberstalking, kidnapping, false imprisonment, threats, or repeated conduct that creates fear or serious distress. If you’re filing, details matter. Dates, specific conduct, exact threats, police involvement, injuries, and patterns of behavior all help the judge understand whether legal protection is necessary.

Imminent danger and why it matters

In many injunction cases, especially domestic violence petitions, the court is looking not only at what has already happened but also at whether you are in immediate danger of future harm. Recent incidents, escalating behavior, access to weapons, threats, and violations of boundaries can all matter. If the judge believes there is an immediate and present danger, a temporary injunction may be entered before the other side is heard.

How to file a restraining order in Florida

Filing for an injunction in Florida is designed to be accessible, and there is no filing fee. But even though the forms are available, the details you include can make a big difference in whether temporary protection is granted and how strong your case is at the final hearing.

Where to file an injunction in Florida

You can generally file in the circuit court in the county where you live, where the respondent lives, or where the violence happened. Florida Courts provides statewide forms and information, and many clerks’ offices or local domestic violence centers can point petitioners toward filing help and victim advocates.

How to complete the petition

The petition asks for identifying information, the type of injunction requested, the relationship between the parties, and a description of the incidents. This is where specifics matter most. A petition that says “he scares me” is much weaker than one that explains what happened, when it happened, what was said, whether law enforcement responded, and why you believe you are still at risk.

What evidence helps support your petition

The judge may consider police reports, medical records, photographs of injuries or property damage, threatening texts or emails, call logs, voicemails, witness statements, and prior court orders. You do not always need every category of evidence to file, but the more clearly you can document what happened, the better.

What happens after you submit the petition

After you file, a judge reviews the sworn petition. If the facts show immediate danger or otherwise meet the legal threshold, the judge may issue a temporary injunction without first hearing from the respondent. If that happens, the court will set a full hearing, and the respondent must be served with the petition, the temporary order (if one was entered), and notice of the hearing.

Temporary vs. final injunctions in Florida

It helps to think of the process in two stages. The first stage is emergency relief, and the second is the full hearing where the court decides whether longer-term protection is appropriate.

A temporary injunction can be entered based only on your sworn petition if the judge believes immediate protection is needed. The respondent is not present for that first review. Temporary relief is meant to bridge the gap until the full hearing. Florida’s forms and instructions explain that if temporary relief is denied, the court may still set a hearing on the petition.

At the final hearing, both sides can appear, testify, present evidence, and challenge the other side’s version of events. After hearing both sides, the judge decides whether to enter a final injunction and what terms it should include.

What a Florida injunction can order

If the court grants an injunction, it can include a range of protections depending on the facts and the type of case. Some are very common, while others depend on whether children, shared housing, or weapons are involved.

No-contact and stay-away provisions

A court can order the respondent not to contact you directly or indirectly and to stay away from places like your home, workplace, school, or other locations named in the order. In practice, this can cover calls, texts, emails, social media contact, messages through other people, and physical presence near protected places.

Orders involving a shared home or children

Depending on the case, the court may order the respondent to leave a shared residence and may include temporary provisions affecting contact with minor children. These issues are highly fact-specific, especially where parenting rights are involved, but Florida injunction forms and procedures do allow courts to address housing and child-related safety concerns in appropriate cases.

Firearm and ammunition restrictions

Firearms are a major safety issue in injunction cases. Florida law prohibits possession of firearms and ammunition when a person is subject to an injunction against committing acts of domestic violence or an injunction against stalking or cyberstalking. Court forms and orders may also require surrender. Because this area can be both state and federally regulated, firearm consequences can be serious and immediate.

What happens if someone violates a restraining order in Florida?

Once an injunction is entered and served, violating it is not just a technical problem. It can lead to arrest and criminal charges. Florida law provides criminal penalties for violating various protective injunctions, and law enforcement can act quickly when they have probable cause to believe a violation occurred.

For many injunction violations, the offense is a first-degree misdemeanor, which can carry a fine and up to one year in jail. Florida also has separate criminal provisions for violations of stalking injunctions and cyberstalking injunctions.

If the respondent violates the order, call 911 or contact law enforcement right away. Save texts, screenshots, call logs, surveillance footage, witness names, and anything else that shows what happened. That documentation can matter both for criminal enforcement and for any future court action.

Legal help with restraining orders in Florida

Injunction cases can move quickly and have serious consequences for both parties. If you’re seeking protection, you may need help choosing the right injunction type, preparing a detailed petition, and presenting evidence clearly at the hearing. If you’ve been accused and served with a temporary injunction, you may need to respond quickly because the final hearing can affect housing, parenting time, firearms, and your record.

At Marble, we can help you connect with Florida family law attorneys who handle injunction matters, including domestic violence, stalking, and related family court proceedings. Legal help can be especially useful when the facts are disputed, children are involved, or you need to make sure the court sees the full picture.