Recently updated on March 14th, 2025 at 12:54 am

In Florida, stalking and cyberstalking are serious offenses, and victims can seek a restraining order (injunction for protection) to stop the stalking, cyberstalking or any other type of abuse. This page covers a type of restraining order called Domestic Violence Injunction which applies when domestic violence has occurred Domestic Violence Injunctions are legal orders that help stop domestic violence. They are for people who are being hurt or threatened by someone close to them, like a spouse, partner, or family member.

Cyber Stalking Under Florida Law § 784.048, F.S.

1. Definition of Cyberstalking:
   Under subsection (1)(d), cyberstalking is defined as:

   • Engaging in a course of conduct to communicate or send electronic messages (such as emails, texts, social media messages, or posts) directly to a person that:
     • Causes substantial emotional distress to that person and
     • Serves no legitimate purpose
   • Accessing, attempting to access, or causing others to access someone’s online accounts or electronic devices without permission.

2. Penalties for Cyberstalking:

   • Misdemeanor of the first degree – For general stalking or cyberstalking.
   • Felony of the third degree – If the offender makes credible threats of harm, violates a protective injunction, or has a prior stalking conviction.

3. Cyberstalking Injunctions:

   • Victims of stalking or cyberstalking can petition the court for an injunction for protection against stalking, even if no criminal charges have been filed

Stalking Under Florida Law § 784.048, F.S.

1. Definition of Stalking (§ 784.048(2))

A person commits stalking if they:

• Willfully, maliciously, and repeatedly follow, harass, or cyberstalk another person.
• “Harass” means engaging in a course of conduct directed at a person that causes substantial emotional distress and serves no legitimate purpose.

2. Aggravated Stalking (§ 784.048(3)-(5))

Stalking is elevated to aggravated stalking if the stalker:

• Makes a credible threat to the victim, creating a reasonable fear for their safety or the safety of their family.
• Violates an injunction (restraining order) already in place.
• Targets a minor under 16 years old.

3. Penalties for Stalking in Florida

• Misdemeanor of the First Degree – Standard stalking or cyberstalking (punishable by up to 1 year in jail and a $1,000 fine).
• Felony of the Third Degree – Aggravated stalking (punishable by up to 5 years in prison and a $5,000 fine).

4. Injunctions for Protection Against Stalking

• Victims can file for a restraining order (injunction for protection) against a stalker.
• This can be done even without criminal charges being filed.

Create and E-File Court Forms

Step 1: Will I qualify for a Domestic Violence Injunction

Criteria 

In Florida, you can request a Domestic Violence Injunction (restraining order) if you meet the following criteria, as outlined in Florida Statutes § 741.30:

• Evidence of Domestic Violence  You must show that the respondent has committed or threatened to commit domestic violence, as defined in Florida Statutes § 741.28(2). This includes:

• • Physical abuse (hitting, slapping, choking, etc.)
  • Sexual assault or battery
  • Stalking or aggravated stalking (Florida Statutes § 784.048)
  • Threats of harm
  • Kidnapping or false imprisonment
  • Any act that caused physical injury or fear of harm
  • Fear of violence: you don’t need to have experienced physical violence to qualify. If you have a real fear that violence is likely, you can still get protection. Courts look at things like past threats, violent behavior, increasing abuse, and intimidation tactics.

• Qualifying Relationships

  1.  Spouse: A current or former spouse (husband, wife, or registered domestic partner). You must have lived together at some point.

   

   

  

  2.  Lived together as family: Someone you currently or previously lived with as a family

   

   

   

  3.  Coparent: A person with whom the respondent has had a child

   

   

  

  4.  Family or in-laws: Examples are: children, parents, siblings, half or step siblings, grandparents, nieces, nephews, uncles, and aunts.

   

   

• Residency Requirement According to Florida Statutes § 741.30(1)(k), you must file for an injunction in the county where you live, where the abuse occurred, or where the abuser lives.

What if I (victim) is a minor (under 18 years)

In Florida, the minimum age to apply for a Domestic Violence Injunction (DVI) is 18 years old. However, individuals under 18 can file for a Domestic Violence Injunction (DVI) through:

1. A Parent or Guardian: A minor’s parent, legal guardian, or another adult can file the application on their behalf.
2. A Designated Adult Representative: In some cases, an adult representative may apply for a Domestic Violence Injunction (DVI) to protect a minor.

For minors seeking protection in cases of dating violence, sexual abuse, or stalking, the court may allow exceptions to these general filing requirements.

Abuser doesn’t lives in Florida 

Yes, you can file for a Domestic Violence Injunction in Florida even if the abuse happened outside of Florida, as long as you currently live in Florida.

Florida law allows you to seek protection in the county where you reside, regardless of where the abuse took place.

However, if the abuser lives in another state, the court may have limited authority over them. This could affect enforcement, but the injunction can still provide protection within Florida.

Would you like help with the filing process?

Situation Examples

Example 1:  Husband abuses sexually or verbally, and puts restrictions  

We live in the greater Orlando, Florida area. My husband does not respect my decision to not want sex. While he does not always make this demand explicitly, I know that if I refuse there will be negative outcomes, such as fighting, and threats. We have been having sex every other day for over five years. When I don’t comply, he verbally abuses me, calling me names or says that I am cheating. This usually happens when he is drunk, and I fear to discuss it because his anger quickly escalates into a full conflict. He throws things at me, which increases my fear.

This behavior has been happening for over ten years, so I can’t remember the exact date of the first incident. One day, I carefully suggested that we might not be a good fit and should consider counseling. He became enraged and threatened to destroy my life, my professional reputation, and even report minor mistakes I’ve made to immigration authorities.

For the past six months, I sleep in a different room. However, he visits me late every night and tries to initiate sex. I just lay in fear thinking what price I will pay in terms of reputation, immigration headache or property damage if I say “no”.  I feel worthless and am losing self respect.

Example 2:  Boyfriend uses threats and destruction to control the victim 

Today, Jose was carrying a revolver and appeared to be high on drugs. He threatened to mess up my work files, and my 28-year accounting career in Miami by falsely accusing me of doing fraudulent transactions. He said, “If you disobey me, I’ll not just sit.” Along with these threats, he caused damage to my property, including hammering a large crack in the wall. His behavior feels very threatening when he is on drugs.

Example 3: Ex-boyfriend stalks 

Jessica’s ex-boyfriend shows up at Jessica’s work in Saratoga unexpectedly and drives around. Jessica is fearful, and had earlier clearly asked him to leave her alone.

Step 2: Gather Supporting Evidence

Start by gathering evidence to support your case. For a Florida Domestic Violence Injunction, here are some examples to help you organize, though any relevant proof can be used.

Step 3: Prepare the Official Court Forms

You can fill these online for free.
Explore Court Forms Online

In order to apply for a Domestic Violence Injunction (DVI), you need to fill and submit a specific set of official Florida court forms. These have questions aimed at understanding your situation and the people involved.

Step 4: File your paperwork with the Court

In Florida, you file for a Domestic Violence Injunction in the Circuit Court of the county where you live, or where you were abused, or where your abuser lives. Typically these are the same for domestic violence situations but you can select any of the counties to file at, in case these are different.

Example of courts

1. Miami-Dade Circuit Court
2. Broward County Circuit Court
3. Hillsborough County Circuit Court
4. Palm Beach County Circuit Court
5. Orange County Circuit Court

Methods of Filing

Method # 1: By visiting the court house

Your court location would accept the forms to be submitted in person at the court hours.

Tip: All courts have lunch hours when they are closed for an hour

When you submit your case documents at the court, typically you take 3 copies.

The clerks reviews it, and if everything is ok, they formally enter it into the court system and put a stamp near the top of the documents. That acceptance is called filing.

Method # 2: E-file online

This is the most efficient option if you have an email address and basic computer skills, such as creating an account and uploading PDF files.  Some counties now offer one or more online portals where you can create a free account, upload documents, and submit them with just a few clicks.  However, you will need to pay certain online service fees.

Method # 3: Via another person 

Some counties accept filing via a friend or legal courier. These companies or individuals charge a flat or hourly fee and file the documents at the court.

Step 5: Judge Grant/Deny Temporary Injunction 

Once your paperwork is officially filed, a judge will review your application, typically on the same day, and decide whether to issue the Temporary Domestic Violence Injunction DVI to provide coverage until the full hearing.

Possible outcomes are:

• Temporary Injunction Granted. In this case a hearing is always set
• Temporary Injunction Denied. In this situation in most cases a hearing is set. However there are cases where the evidence submitted upfront is not strong enough, and the case is dismissed If .

The temporary order (if issued) is valid until the hearing i.e. typically about 3 weeks. If the hearing is delayed for any reason, you need to check with the court to ensure the temporary order is renewed until the hearing to provide you with legal protection.

Step 6: Serve FILED Case Documents to Abuser

Whenever a victim starts a Domestic Violence Injunction case they need to inform or serve the other party formally by delivering the court documents. That step is called serving the respondent.

In Florida, for a Domestic Violence Injunction (DVI), the other party (the respondent) must be served with the court order, which informs them that a Temporary Domestic Violence Injunction has been issued and provides details about the upcoming court hearing.

Under the Florida law there are multiple ways in which the other party can be served.

You cannot  serve your papers yourself.

Option 1:  Ask the Sheriff (FREE)

In most counties, the sheriff’s office is responsible for serving the respondent. This is the standard method and is often free of charge for domestic violence cases.

Option 2: Hire a legal courier (Process Server)  

You can also hire a courier called  professional process server. You can search on Yelp or Google to get a list of options near you.

You cannot hire regular couriers such as UPS, FedEx or US Postal Service unless in exceptional scenarios where the judge authorizes service by mail, but that’s a whole different topic altogether.

Step 7: Present Evidence in a Court Hearing 

Attend a hearing: The court holds a hearing within a couple of weeks where the evidence is examined. If there is sufficient supporting evidence as determined by a Judge, a full injunction is issued. At this point it becomes a crime for the abuser to break the conditions of the injunction (restraining order).

Step 8. Collect the Final Domestic Violence Injunction order

After the hearing, a final order may be issued. You can take a paper copy of the order with you. The order is typically valid for five years.

Costs – How much does it cost to get a DV Injunction

The cost depends on the type of restraining order.

Domestic Violence Injunction

• FREE forms : You can get the court forms for free, or prepare them using the guided experience below.
• FREE filing: There is no fees for filing. Online filing platforms may charge a E-filing fees
• FREE Serving the other party 

How long does it take to get the Domestic Violence Injunction in Florida

In Florida, the timeline for obtaining a Domestic Violence Injunction (DVI) depends on the circumstances:

1. Temporary Injunction (Immediate Protection) – After you file your petition, a judge typically reviews it the same day or within 24 hours. If the judge finds an immediate threat, they will issue a temporary injunction, which takes effect as soon as the respondent is served.

2. Final Injunction (After a Hearing) – A full hearing is usually scheduled within 15 days of filing the petition. At the hearing, both parties can present evidence, and if the judge determines that a permanent injunction is necessary, they will issue a final restraining order with long-term protections.

Risks of a getting a Domestic Violence Injunction (DVI)

It is conceivable that following the submission of a Domestic Violence Injunction (DVI), the abuser particularly in domestic violence situations may react with anger due to the perceived loss of control over you and your household. In certain instances, the abuser may portray themselves as the victim and shift blame onto the actual victim they were mistreating.

The response of your abuser after the filing of a Domestic Violence Injunction (DVI) is unpredictable. While a Domestic Violence Injunction (DVI) can provide legal protection, one should not automatically assume that it guarantees safety. The initial weeks post-filing can be particularly precarious, contingent on your abuser’s reaction.

Despite the safeguards intended by a Domestic Violence Injunction (DVI), abusers may retaliate through various means, such as:

1. Physical assault or violence
2. Harming or taking away children
3. Damaging jointly owned property
4. Disregarding the order and persisting with threats, possibly through intermediaries
5. Inflicting harm or causing harm to pets
6. Harassing your loved ones for information
7. Engaging in stalking behavior
8. Initiating a retaliatory restraining order against you
9. Spreading false information about you in court documents, online, or publicly

Following the submission of a Domestic Violence Injunction (DVI), it’s important to continuously assess your situation and prepare for the potential escalation of your case into more violent territory.

Additional FAQs on DVIs can be found here