Domestic Violence Injunctions in Florida: How They Work and How to Respond

Short answer: A Florida domestic violence injunction is a civil court order that protects a family or household member from violence or the threat of it. A judge can issue a temporary injunction the same day, without notice to the respondent, followed by a full hearing usually within 15 days. A final injunction can restrict contact, address the home and children, and require surrender of firearms.

Florida's injunction process gives people facing violence a fast way to get court protection. It also carries serious consequences for the person restrained. Both sides deserve to understand how it works.

Who can file

A domestic violence injunction is available to a family or household member: a spouse or former spouse, someone related by blood or marriage, someone who lives or has lived with the respondent as a family, or a parent of a child in common. Florida also has separate injunctions for dating violence, repeat violence, sexual violence and stalking.

How the process works

  1. Petition. The petitioner files a sworn petition with the clerk describing the violence or threat. There is no filing fee.
  2. Temporary injunction. If the judge finds immediate danger, a temporary injunction can be issued the same day, without notice to the respondent.
  3. Service. Law enforcement serves the respondent with the petition, the temporary order and the hearing date.
  4. Full hearing. Usually within 15 days, both sides can present evidence and witnesses. Hearings can be continued, and the temporary order generally stays in place.
  5. Final injunction or dismissal. The judge either enters a final injunction, for a set period or until further order, or dismisses the petition.

What an injunction can order

Violations: Violating an injunction is a crime in Florida, and the respondent can be arrested. Even if the petitioner invites contact, the respondent remains bound by the order until the court changes it.

If you have been served

Do

  • Read the order carefully and follow every term immediately
  • Collect texts, call logs, witnesses and other evidence
  • Arrange to retrieve belongings only as the order allows
  • Talk to a lawyer before the hearing

Do not

  • Contact the petitioner for any reason, including through friends or social media
  • Go to the home, workplace or school listed in the order
  • Post about the case online
  • Miss the hearing; an order can be entered without you

Why it matters beyond the injunction

A final injunction can affect time-sharing in a divorce or paternity case, firearm rights, employment and housing. It can also overlap with a criminal case if there was an arrest. See what happens after a domestic violence arrest.

When to talk to a lawyer

The hearing usually comes quickly, so preparation must start right away. Heather Harris Law represents Brevard County clients on both sides of injunction cases and in related family and criminal matters.

Frequently asked questions

How long does a temporary injunction last in Florida?

A temporary injunction generally lasts up to 15 days, until the full hearing, and can be extended if the hearing is continued.

Can the petitioner drop an injunction?

The petitioner can ask the court to dismiss or modify it, but only the judge can end or change the order. Until then, the respondent must follow it.

Does an injunction affect custody?

It can. A final injunction may set temporary time-sharing and will often be considered in a related divorce or paternity case.

Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.