How Restraining Orders Work in Florida
Divorce is already one of the most stressful life events a person can experience, but the introduction of a restraining order can instantly add extra cost, stress, and timeline of the process. In Florida family law, domestic violence injunctions frequently intersect with divorce and child custody cases. Whether you are a victim seeking legitimate protection from an abuser or someone defending against exaggerated claims designed to gain a strategic advantage, understanding how restraining orders work in Florida is essential.
The Intersection of Divorce and Domestic Violence
Domestic violence injunctions go hand-in-hand with divorce far more often than most people realize. The emotional volatility of a separation can sometimes lead to false or exaggerated allegations of abuse. In some high-conflict divorces, a party might file an injunction simply to force their spouse out of the marital home or to secure 100% of the time-sharing with their children.
However, weaponizing the legal system carries significant risks. If a judge discovers that a petitioner is lying, it can severely damage their credibility in the divorce proceedings. Under Florida Statute § 61.13, courts determining child custody and time-sharing must consider evidence that a parent knowingly provided false information to the court regarding a domestic
Types of Restraining Orders in Florida
While people commonly use the term “restraining order,” the legal term in Florida is an “injunction for protection.” Florida law provides for five distinct types of restraining orders in Florida and protective injunctions:
- Domestic Violence
- Repeat Violence
- Dating Violence
- Sexual Violence
- Stalking
The most common type seen in family law is the domestic violence injunction. Under Florida law, “domestic violence” includes offenses such as assault, battery, stalking, kidnapping, and false imprisonment committed by one family or household member against another.
| Injunction Type | General Requirement |
| Domestic Violence | Violence between family or household members, or parents who share a child. |
| Dating Violence | Violence between individuals who have had a continuing romantic relationship within the past 6 months. |
| Repeat Violence | At least two incidents of violence or stalking, with one occurring in the past 6 months. |
| Sexual Violence | Incidents involving sexual battery or other sexual offenses. |
| Stalking | Repeated harassment or cyberstalking causing substantial emotional distress. |
How to File for a Restraining Order
If you need to file a restraining order in Florida, the process is designed to be accessible. You can go directly to the domestic relations clerk at your local courthouse. The clerk will provide the necessary petition packet, and notably, in Florida, there is no filing fee to file a petition for a domestic violence injunction.
The Burden of Proof
To qualify for a domestic violence injunction in Florida, the petitioner must prove they are either a victim of domestic violence or have reasonable cause to believe they are in imminent danger of becoming a victim.
When filling out the petition, it is critical to be specific. Judges look for detailed factual allegations, including:
- Specific dates and times of incidents
- Descriptions of physical injuries
- Names and contact information of witnesses
- Whether law enforcement was called and a police report was filed
Temporary vs. Permanent Injunctions
Once the petition is filed, a duty judge will review it. If the judge believes the statutory requirements are met based solely on the written petition, they will grant a temporary (ex parte) injunction. A temporary ex parte domestic violence injunction in Florida is valid until a full hearing can be held, which must be set within 15 days of the petition’s filing.
At the return hearing (often referred to as the trial), both parties have the opportunity to present evidence. If the judge grants a “permanent” injunction, it typically lasts for 1 to 3 years, though it can be extended or made indefinite depending on the severity of the case.
Enforcement and Violations
There is a distinct difference between a civil “no-contact” agreement made during a divorce and a court-ordered domestic violence injunction. If parties simply agree to no contact in a divorce settlement and one party violates it, the remedy is filing a motion for contempt in family court. However, an injunction is much more powerful.
Violation of an injunction for protection against domestic violence in Florida is a criminal offense, and law enforcement officers can use their arrest powers to enforce it. If the respondent shows up at the petitioner’s house or contacts them in violation of the order, they can be immediately taken to jail.
Furthermore, injunctions also cover digital harassment. In Florida, individuals who are victims of harassment or cyberstalking can seek protection by filing a petition for an injunction against stalking. This prevents the accused from sending threatening emails, texts, or using social media to harass the victim.
Defending Against False Allegations
For those wrongfully accused of domestic violence, defending against an injunction requires a strategic approach. Courts will often scrutinize the petitioner’s conduct following the alleged incident. Key defense strategies include:
- Analyzing Post-Incident Behavior: Did the parties continue living together peacefully? Did the petitioner continue leaving the children alone with the accused?
- Reviewing Communications: Text messages and emails sent after the alleged incident can often disprove claims of fear.
- Highlighting Lack of Evidence: Pointing out the absence of police reports, medical records, or photographs of injuries can weaken the petitioner’s case.
“I have never seen a divorce where there’s a domestic violence injunction case that goes uncontested and peaceful. They always go high conflict.”
Protect Your Rights and Understand Your Legal Options in Florida
Restraining orders are a vital legal tool designed to protect victims from genuine harm and imminent danger. However, because they carry such immense power, capable of instantly altering child custody, living arrangements, and civil liberties, they must be navigated carefully. Understanding how restraining orders work in Florida and the different types of restraining orders in Florida is essential whether you are filing an injunction to protect your family or defending against a false allegation that threatens your parental rights. Understanding the nuances of Florida’s injunction laws is the first step toward securing a fair outcome.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Laws regarding injunctions and restraining orders in Florida can change and may apply differently based on individual circumstances. If you are involved in a legal matter involving a restraining order or domestic violence injunction, you should consult a qualified Florida family law attorney for advice specific to your situation.
Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.