How to Obtain an Injunction Against Domestic Violence in Florida
June 10, 2025
Whether you're facing threats, harassment, domestic violence, or stalking, Florida law provides legal tools to help protect you. One of the most powerful tools available is a restraining order, also known as an injunction for protection. This legal order can prohibit someone from contacting or coming near you.
If you or someone you care about needs protection, here's everything you need to know about how to file a restraining order in Florida, step by step.
What Is a Restraining Order?
An injunction or restraining order is a civil court order that restricts one person (the respondent) from taking certain actions—like contacting or approaching another person (the petitioner). In Florida, this type of legal protection is often used in cases involving:
- Domestic violence
- Dating violence
- Sexual violence
- Stalking or cyberstalking
- Repeat violence
Who Can File a Restraining Order in Florida?
You may be eligible to file a restraining order if you are:
- A victim of domestic, dating, sexual, or repeat violence
- A parent or legal guardian filing on behalf of a minor child
- In reasonable fear that violence is imminent or recurring
You do not need to have filed a police report or pressed criminal charges to seek an injunction for protection.
Step-by-Step Guide: How to File a Restraining Order in Florida
1. Determine the Appropriate Type of Injunction
Florida offers several types of protective injunctions:
- Domestic Violence Injunction – For those with a current or former relationship (spouse, relative, cohabitant).
- Dating Violence Injunction – For people in a romantic relationship (even if they don't live together).
- Repeat Violence Injunction – Requires two or more incidents of violence or stalking.
- Sexual Violence Injunction – For victims of sexual assault, regardless of relationship.
- Stalking Injunction – For those harassed or stalked, including cyberstalking.
Choosing the right type of injunction is critical. If you're unsure, speaking with a criminal defense or family law attorney can provide clarity.
2. Go to Your Local Courthouse
Visit the Clerk of Court's office in the county where you live or where the violence occurred. Most counties have a dedicated domestic violence or family division.
There, you'll:
- Fill out a petition for injunction.
- Provide detailed information about the incidents.
- Include dates, times, places, and descriptions of abuse, threats, or harassment.
Pro tip: Be as specific and truthful as possible. The more detail, the better.
3. File the Petition
Once completed, submit your petition to the Clerk. There's no filing fee for restraining orders in Florida.
4. Review by a Judge
A judge will typically review your petition the same day. If your petition is legally sufficient, the judge will a temporary injunction—which goes into effect immediately and lasts until the case is heard before a domestic violence judge.
5. Service of Process
If a temporary order is granted, the respondent must be personally served by law enforcement with the injunction and a notice of the final hearing date.
6. Attend the Final Hearing
Within usually 30 days of the issuance of a temporary injunction, a hearing is scheduled. Both parties may present evidence, witnesses, and testimony. At this hearing, the judge decides whether to issue a final injunction, which may last for a specific period or indefinitely.
What a Restraining Order Can Do
If granted, a restraining order can:
- Prevent the respondent from contacting or approaching you.
- Require the respondent to leave a shared home.
- Prohibit firearm possession.
- Award temporary custody of children.
- Require counseling or treatment.
Violating a restraining order is a criminal offense and can and will result in an immediate arrest.
How Donet, McMillan & Trontz, P.A. Can Help
Whether you need to file for protection or you're being falsely accused of violent behavior, the experienced attorneys at Donet, McMillan & Trontz, P.A. are here to help.
- We assist petitioners in properly drafting strong, detailed injunction petitions.
- We defend respondents who are wrongfully served with restraining orders that can jeopardize their reputation, career, and parental rights.
- We represent clients at final hearings, where legal skill can mean the difference between freedom and restriction.
With over 50 years of combined legal experience, our team knows how to navigate the Florida court system—and we're committed to protecting your rights, no matter which side you're on.
Final Thoughts
Pursuing or defending an injunction or restraining order in Florida is a serious legal matter, but the process is designed to ensure safety and justice. Whether you're seeking protection from abuse or defending against an unfair accusation, don't face it alone.
Contact Donet, McMillan & Trontz, P.A. today for a confidential consultation. You can visit
www.dmtlaw.com or call
(305) 444-0030 to speak with a qualified attorney who can help you understand your rights and options.
