Last Updated March 14, 2025/Florida

When does a Domestic Violence Injunction take effect after a judge issues it

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Recently updated on March 14th, 2025 at 01:03 am

Domestic Violence Injunction — either the Temporary Injunction which is issued depending on seriousness before a hearing for the period up to the hearing , or Final Injunction (After Court Hearing) take full effect when BOTH of these conditions are met

Judge Issues It by signing it
The other party (abuser) is formally served the order document

Serving means delivering to the other party so there’s official proof that they knew about the order and the specific items prohibited for them.

The duration of a Domestic Violence Injunction (DVI) in Florida depends on whether it is temporary or final and the judge’s decision.

1. Temporary (Ex Parte) Injunction

These typically last up to 15 days or until the court hearing and are given to provide coverage until a final one is issued. A judge may extend it if the final hearing is delayed.

2. Final Injunction (After Court Hearing)

These are issued for a set period (e.g., 1 year, 5 years) or indefinitely (permanent). The judge determines the length based on the severity of the case. If the injunction has an expiration date, it is stated in the order.

Overview

Domestic Violence Injunctions or just restraining orders, 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.

A Domestic Violence Injunction, also known as a restraining order, is a legal order issued by a judge that requires an abuser to stay away from and not contact their victim. It is granted when the abuser is harassing, threatening, stalking, or physically harming the victim. This order serves as a formal legal warning which if violated, such as by sending text messages, can trigger criminal charges and possible jail time for the abuser.

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Outline

How to get a Restraining Order

Step 1: Does my situation qualify for filing for a Domestic Violence Injunction

A Domestic Violence Injunction in Florida, also known as a restraining order, is a legal order issued by a judge that bans an abuser from coming near or contacting the victim. It is granted when the abuser is harassing, threatening, stalking, or physically harming the victim. This order serves as a formal legal warning which if violated, such as by sending text messages, can trigger criminal charges and possible jail time for the abuser.

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Outline

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:

A Parent or Guardian: A minor's parent, legal guardian, or another adult can file the application on their behalf.
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 Evidence (You can upload it online)

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.

Criminal Case

A criminal case in progress shows that the district attorney also found evidence of the abuse or crimes and therefore supports your claims.

Photos

Photos of violence, injuries, damage

Messages

Print outs of messages, emails or transcripts of voicemail

911 Calls

For each call document the phone numbers, date, time, caller, and callee details

Medical Records

Documentation of any medical emergencies or injuries or treatments resulting from abuser's violence.

Police Report

Police reports filed against abuser for domestic violence.

Testimony

A testimony from a witness who can be a family member, neighbor a co-worker or a bystander, either in writing or in person at the hearing, describing the incidents witnessed.

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.

Forms for Domestic Violence Injunction

12.980(a) – Petition for Injunction for Protection Against Domestic Violence
12.900(h) – Notice of Related Cases
12.902(b) or 12.902(c) – Family Law Financial Affidavit (if financial relief is requested)
12.902(d) – Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (if children are involved)
12.980(h) – Request for Confidential Filing of Address (optional for privacy)

Step 4: File with the Court

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

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 Domestic Violence Injunction (DVI)

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 a set of Stamped Case Forms including Hearing Notice to Abuser

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 Restraining Order

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:

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.
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.

Is a Domestic Violence Injunction helpful?

The purpose of a restraining order is to restrict the contact or proximity of one person (the respondent or alleged perpetrator) to another person (the petitioner or victim) in order to ensure the safety and well-being of the petitioner.

The specific terms of a restraining order can vary depending on the circumstances of the case e.g. if the people live together then it might require one party to vacate the place.

Typically, a restraining order may prohibit the respondent from

Approaching or contacting the petitioner including via text or social media
Staying away from the usual places petitioner is at such as home, work or school
Prohibit stalking, or surveillance of any kind
In situations where they lived together, provide custody or access to
- Children
- Pets
- Important documents
- Personal items such as clothes, medications, cell phones
- Cars
Extending the protections to others living with the petitioner

Research findings on benefits of restraining orders

Here’s the top three findings from a study on domestic violence and restraining orders from the University of New Hampshire

Reduce Violence

Domestic Violence Injunction (DVI) are effective in reducing partner violence for many women. For half the women in the sample, a Domestic Violence Injunction (DVI) stopped the violence. For the other half, the orders significantly reduced violence and abuse.

Cost Effective

They are a relatively low-cost solution, particularly when compared with the social and personal costs of partner violence.

Urban Vs. Rural

The impact of Domestic Violence Injunction (DVI) on reducing violence and abuse did not differ for rural and urban women. In rural areas where resources and services for partner violence may be more limited, the restraining orders hold greater importance.

What Restraints can I ask when I file for a Domestic Violence Injunction

Here are the typical restrictions places on the abuser via the Domestic Violence Injunction.

Stay Away From You

Abuser would have to stay at least 100 yards away from you, your children and locations you request such as your work

Not To Contact You

Not to contact you via phone or text or mutual friends

Not Stalk You

Not stalk you or your loved ones, including your accounts on facebook or other social media

Hand Over A Car

Get access to cars held by the abuser

Vacate The Shared Residence

The respondent can be asked to vacate the shared residence. You can also request help from police to kick them out.

Handover Passport, Cell Phone, Medications Etc.

You an ask for your personal items such as passport, medications, clothes. This would be applicable if you were living together up to now.

Don’t Post Intimate Photos

Take down, delete, and do not distribute intimate images of a protected person

Restrict Abusive Litigation

This is to prevent the misuse of the legal system to harass, intimidate, or burden you.

Get Drugs, Mental Health And Sex Offender Treatment

You can request the abuser to seek treatment for alcoholism, drug use, domestic violence abuse

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:

Physical assault or violence
Harming or taking away children
Damaging jointly owned property
Disregarding the order and persisting with threats, possibly through intermediaries
Inflicting harm or causing harm to pets
Harassing your loved ones for information
Engaging in stalking behavior
Initiating a retaliatory restraining order against you
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.

Posted in Florida