How do I get a restraining order for domestic violence in Florida?
In Florida, this is called an injunction for protection. You file a petition asking the court for a domestic violence injunction, and there is no filing fee. A judge can issue a temporary injunction without the other person present. It lasts up to 15 days, until a full hearing where both sides can be heard.
Your safety comes first
If you or your children are in immediate danger, call 911. Legal steps matter, but getting to safety comes first. If it is not safe to read about this on a shared phone or computer, consider using a device the other person cannot access.
An injunction is a court order meant to protect a person. Many people call it a restraining order. Florida has five types of protective injunctions, and the right one depends on the relationship and what happened:
- Domestic violence
- Repeat violence
- Dating violence
- Sexual violence
- Stalking
How the injunction process works
There is no filing fee to petition for a domestic violence injunction. After a petition is filed, a judge can issue a temporary injunction without the other person present. Because the full hearing can come within days, it helps to get organized early, for both the person asking for protection and the person responding.
A temporary injunction lasts up to 15 days, until a full hearing where both sides can be heard. At that hearing, the judge decides whether a final injunction should be entered. A final injunction can address:
- Temporary time-sharing with the children
- Temporary support
- Who stays in the home
- Firearms
If you are seeking protection
Asking for protection takes courage. You may be worried about your children, your home, or how you will manage day to day. We listen without judgment, help you organize what happened, and prepare you for the full hearing. You do not need to have every detail figured out before you reach out.
Domestic violence is a factor the court considers when deciding parental responsibility and time-sharing. If you share children with the other person, your injunction case and your parenting plan should be considered together. Violating an injunction is a crime, so a final injunction carries real weight.
If a petition was filed against you
Being served with a petition can be frightening and confusing, especially if you believe the claims are unfounded. You may be facing a temporary injunction that was issued before you had any chance to speak.
The full hearing is your opportunity to be heard. Until then, follow every term of any temporary injunction exactly, because violating an injunction is a crime even if you disagree with it. We help respondents understand the petition, gather information, and present their side calmly, clearly, and respectfully.
How Annette Sanchez Law helps
- Represent people seeking protection and people responding to a petition they believe is unfounded, with the same care and respect for both.
- Prepare you for the full hearing, including what to expect when both sides are heard and how to present your side clearly.
- Address the issues an injunction can reach, such as temporary time-sharing, temporary support, and who stays in the home, with your children in mind.
- Bring Annette's years as a former senior prosecutor at DCF Children's Legal Services, handling abuse, abandonment, and neglect cases, to situations involving children, in English or Spanish.
Frequently asked questions
Does it cost money to file for a domestic violence injunction?
There is no filing fee to petition for a domestic violence injunction in Florida. Whether to hire a lawyer is a separate decision. Many people want guidance on what to include in the petition and how to prepare for the full hearing, where both sides can be heard. Start with a free case evaluation by phone, and we can talk through your situation.
What happens after a temporary injunction is issued?
A judge can issue a temporary injunction without the other person present. It lasts up to 15 days, until a full hearing where both sides can be heard. At that hearing, the judge decides whether a final injunction should be entered. The person who asked for protection and the person responding should both come prepared to present their side.
Someone filed a false injunction against me. What should I do?
Take it seriously, and follow the temporary order exactly, even if you believe the claims are untrue. Violating an injunction is a crime, and that is true even when you disagree with the order. Then prepare for the full hearing, where both sides can be heard. We represent people responding to petitions they believe are unfounded and help them present their side clearly.
Can a domestic violence injunction affect custody or time-sharing?
Yes. Domestic violence is a factor the court considers when deciding parental responsibility and time-sharing. A final injunction can also address temporary time-sharing and temporary support. If you share children with the other person, it is important to think about the injunction case and your parenting plan together, and we can help you with both.
Can a judge make someone move out of the house with an injunction?
A final injunction can address who stays in the home, along with firearms, temporary time-sharing, and temporary support. What a judge orders depends on the evidence and the facts of each case. Whether you are asking for these protections or responding to a request for them, careful preparation for the full hearing matters.
What if the other person violates the injunction?
Violating an injunction is a crime. If you are in immediate danger, call 911. When you are safe, write down what happened, including dates, times, and any messages, and keep that record somewhere secure. Then talk with us about how it may relate to your family case, including time-sharing and your parenting plan.