How to Get a Restraining Order in Florida
Navigating the emotional and legal complexities of domestic disputes can be overwhelming, especially when your safety is on the line. If you are facing threats or physical harm, understanding how to get a restraining order in Florida is a critical first step toward protecting yourself and your family. In Florida, restraining orders are formally known as injunctions for protection, and they serve as powerful legal tools to keep individuals safe from abusers, stalkers, and harassers.
Understanding Injunctions for Protection in Florida
Florida law provides several distinct types of civil injunctions designed to protect victims based on their relationship with the abuser and the nature of the offense. The most common type is the domestic violence injunction, which frequently arises alongside divorce or child custody cases. However, the state also offers protective injunctions for dating violence, sexual violence, repeat violence, and stalking.
To qualify for a domestic violence injunction, the petitioner must prove that they have either been a victim of domestic violence or have a reasonable cause to believe they are in imminent danger of becoming a victim.
Restraining Order vs. No-Contact Order
People often confuse restraining orders with no-contact orders, but they serve entirely different legal functions. Here is a breakdown of their primary differences:
| Feature | Civil Injunction (Restraining Order) | Criminal No-Contact Order |
|---|---|---|
| Origin | Requested actively by the victim (petitioner) in civil court. | Issued by a judge in a criminal court case (e.g., following a domestic battery arrest). |
| Scope of Protection | Can award temporary child custody, exclusive use of a shared home, and require firearm surrender. | Primarily restricts the defendant from contacting the victim or going near them. |
| Duration | Temporary orders last up to 15 days until a full hearing determines if it becomes permanent. | Typically lasts for the duration of the criminal pretrial release or probation period. |
Restraining Order Step-by-Step Guide: How to File
If you need immediate protection, this restraining order step-by-step guide explains how the process is designed to be accessible to the public:
- Visit the Courthouse: You must file a “Petition for an Injunction for Protection against Domestic Violence” with the clerk of the circuit court in your local county.
- Fill Out the Packet: The domestic relations clerk will provide the necessary paperwork. You do not need an attorney to file this petition; Florida law allows individuals to file “pro se” (representing themselves).
- Pay No Fees: Under Florida Statutes, there are no filing fees required to submit a petition for a domestic violence injunction.
- Judicial Review: Once submitted, a duty judge will review the petition. If the judge determines from the paperwork that there is an immediate and present danger, they can grant a temporary ex parte injunction, which goes into effect immediately without the abuser being present or notified beforehand.
The Critical Role of Evidence
Because false or exaggerated allegations can occur, especially during high-conflict divorces, judges scrutinize petitions carefully. To ensure your petition is granted, you must present specific, credible evidence rather than vague claims. Essential evidence includes:
- Specific dates and times of violent incidents
- Photographs of physical injuries (such as bruises or scratches)
- Witness names and contact information
- Police reports documenting the abuse
- Threatening text messages, emails, or voicemails
“When you file that petition, you have to put your best foot forward because it can be decided by a duty judge… they’re just going to read what you put on the four corners of the paper.”
What Happens if an Injunction is Denied?
A judge may deny an injunction at the initial filing stage if the petition fails to meet the statutory burden, or at the return hearing if there is insufficient evidence. If denied, individuals have alternative options to ensure their safety. In a family law context, spouses can agree to civil no-contact orders within their divorce settlement or establish parenting plans that require zero in-person contact, utilizing dedicated parenting apps for communication instead.
Consequences of Violating a Restraining Order
Florida takes the enforcement of domestic violence injunctions very seriously. If the respondent violates the terms of the injunction, even if the petitioner initiated the contact, law enforcement officers can arrest the violator immediately without a warrant if they have probable cause. Willfully violating a domestic violence injunction is a first-degree misdemeanor in Florida, which is punishable by up to one year in county jail and a $1,000 fine.
Take the First Step Toward Protection
If you are experiencing threats, harassment, or domestic violence, understanding how to get a restraining order in Florida can help you protect yourself and your family. Following this restraining order step-by-step guide and gathering strong evidence can improve your chances of obtaining legal protection quickly. An experienced Florida family law attorney can help you prepare your petition, present compelling evidence, and advocate for your safety throughout the process. Do not wait to take action if your well-being is at risk.
Disclaimer: This information is for general educational purposes only and does not constitute legal advice. You should consult a qualified Florida attorney to receive advice tailored to your specific situation. Do not rely on this content as a substitute for legal counsel.
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.