Can I file a legal case against a harassing ex-husband
If you’re dealing with harassment from an ex-husband in Florida, you have several legal options to protect yourself:
Option 1 Get a Domestic Violence Injunction (Restraining Order)
If the harassment includes threats, stalking, or violence (or a credible threat of violence), you can file for a Domestic Violence Injunction (DVI). You don’t need to have a current relationship; past domestic violence or reasonable fear of harm is enough. This order can require the ex-husband to stay away from you, your home, workplace, and even prevent contact via phone, text, or social media.
How to get a Domestic Violence Injunction
Step 1: Does my situation qualify for filing for a Domestic Violence Injunction
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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.
You can also get help from government agencies or non profits assisting victims of domestic violence such as Florida Department of Children and Families. Some police departments also have Victim Advocate Services.
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
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.
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- 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)
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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.
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Alachua County – Alachua County Clerk of Court
Baker County – Baker County Clerk of Court
Bay County – Bay County Clerk of Court
Bradford County – Bradford County Clerk of Court
Brevard County – Brevard County Clerk of Court
Broward County – Broward County Clerk of Court
Calhoun County – Calhoun County Clerk of Court
Charlotte County – Charlotte County Clerk of Court
Citrus County – Citrus County Clerk of Court
Clay County – Clay County Clerk of Court
Collier County – Collier County Clerk of Court
Columbia County – Columbia County Clerk of Court
DeSoto County – DeSoto County Clerk of Court
Dixie County – Dixie County Clerk of Court
Duval County – Duval County Clerk of Court
Escambia County – Escambia County Clerk of Court
Flagler County – Flagler County Clerk of Court
Franklin County – Franklin County Clerk of Court
Gadsden County – Gadsden County Clerk of Court
Gilchrist County – Gilchrist County Clerk of Court
Glades County – Glades County Clerk of Court
Gulf County – Gulf County Clerk of Court
Hamilton County – Hamilton County Clerk of Court
Hardee County – Hardee County Clerk of Court
Hendry County – Hendry County Clerk of Court
Hernando County – Hernando County Clerk of Court
Highlands County – Highlands County Clerk of Court
Hillsborough County – Hillsborough County Clerk of Court
Holmes County – Holmes County Clerk of Court
Indian River County – Indian River County Clerk of Court
Jackson County – Jackson County Clerk of Court
Jefferson County – Jefferson County Clerk of Court
Lafayette County – Lafayette County Clerk of Court
Lake County – Lake County Clerk of Court
Lee County – Lee County Clerk of Court
Leon County – Leon County Clerk of Court
Levy County – Levy County Clerk of Court
Liberty County – Liberty County Clerk of Court
Madison County – Madison County Clerk of Court
Manatee County – Manatee County Clerk of Court
Marion County – Marion County Clerk of Court
Martin County – Martin County Clerk of Court
Miami-Dade County – Miami-Dade County Clerk of Court
Monroe County – Monroe County Clerk of Court
Nassau County – Nassau County Clerk of Court
Orange County – Orange County Clerk of Court
Osceola County – Osceola County Clerk of Court
Palm Beach County – Palm Beach County Clerk of Court
Pasco County – Pasco County Clerk of Court
Pinellas County – Pinellas County Clerk of Court
Polk County – Polk County Clerk of Court
Putnam County – Putnam County Clerk of Court
St. Johns County – St. Johns County Clerk of Court
St. Lucie County – St. Lucie County Clerk of Court
Santa Rosa County – Santa Rosa County Clerk of Court
Sarasota County – Sarasota County Clerk of Court
Seminole County – Seminole County Clerk of Court
Sumter County – Sumter County Clerk of Court
Taylor County – Taylor County Clerk of Court
Union County – Union County Clerk of Court
Volusia County – Volusia County Clerk of Court
Wakulla County – Wakulla County Clerk of Court
Walton County – Walton County Clerk of Court
Washington County – Washington County Clerk of Court
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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
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
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.
Option 2: Report Physical harm, or cyberstalking to Police/Law Enforcement
If he is harassing you via texts, emails, social media, or other electronic means, Florida law considers cyberstalking a crime. You can report it to law enforcement, and it may lead to criminal charges.
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Stalking and Cyberstalking
In Florida, if you are being stalked in person or online, you should immediately call 911 if you feel in danger, and then file a police report with your local law enforcement agency, or consider obtaining a restraining order (injunction for protection) through the courts.
Stalking including Cyberstalking is a crime in Florida defined in Statute § 784.048 and the following explain the two different levels of seriousness of the crime, with felony being more severe with greater punishments.
- Misdemeanor Stalking:
- If your ex-husband repeatedly follows, harasses, or cyberstalks you, it’s a first-degree misdemeanor. Similarly Sending repeated online messages, emails, or social media posts intended to harass, intimidate, or threaten you can result in stalking charges. Misdemeanor is punishable by up to 1 year in jail and fines.
- Aggravated Stalking (Felony): If he makes a credible threat, violates a restraining order, or targets you after a prior conviction, it’s a third-degree felony (punishable by up to 5 years in prison and higher fines).
Harassing Phone Calls (Florida Statute § 365.16)
If he makes repeated phone calls with the intent to annoy, abuse, threaten, or harass, it’s a misdemeanor crime.
Physical violence or threats
-
If the harassment includes physical violence, Statute § 741.28 , threats of harm, Statute § 836.10, such as to kill or bodily harm are both crimes and can be reported to the law enforcement.
Violation of Existing Restraining Order (Florida Statute § 741.31)
If you have a Domestic Violence Injunction (DVI) or Stalking Injunction, and he contacts you, follows you, or harasses you, he can be arrested immediately and would face criminal charges. Florida law (Statute § 741.31) allows for immediate arrest if the violation includes
- Physical violence or threats
- Being at a prohibited location (home, workplace, school, etc.)
- Repeated or aggressive contact
Option 3: Civil Lawsuit for Emotional Distress
If the harassment is severe, you may be able to sue for intentional infliction of emotional distress.
Benefits of a Civil Lawsuit Over a Restraining Order
| Factor | Civil Lawsuit for Emotional Distress | Restraining Order (Injunction) |
|---|---|---|
| Main Purpose | Seeks financial compensation for emotional harm | Seeks legal protection from harassment, threats, or abuse |
| What It Can Do | – Can award money damages (for therapy, lost wages, suffering) – Holds the ex financially accountable |
– Legally forces the ex to stay away – Prevents contact and sets boundaries |
| Legal Consequences for Ex | – No criminal charges unless laws were broken – Only affects finances |
– Violating it is a crime (can lead to arrest) – Can limit access to children/home |
| Proving the Case | Requires strong evidence (medical records, witness statements, severe distress) | Easier to obtain if there’s a pattern of harassment or threats |
| Time & Cost | Can take months or years, involves legal fees | Free to file, faster (can get a temporary order in days) |
| Likelihood of Success | Harder to win due to high legal standard | Easier if there’s harassment, stalking, or threats |
When Civil Lawsuit is better
- If you want financial compensation for therapy costs, lost income, or pain and suffering.
- If the harassment was extreme and ongoing (not just minor annoyances).
- If a restraining order isn’t enough because the ex doesn’t pose a physical threat but caused significant harm.
When a Restraining Order Is Better
- If you fear for your safety and need immediate legal protection.
- If your ex is stalking, threatening, or harassing you.
- If you want a faster and more enforceable solution.
Resources
Here’s a list of government agencies that assist victims of domestic violence in Florida
🛡️ Florida State Agencies and Programs
-
Florida Department of Children and Families – Domestic Violence Program
Oversees certified domestic violence centers across the state and coordinates services. -
Florida Coalition Against Domestic Violence (FCADV) (formerly the official partner; now redirected to DCF after state oversight changes)
Formerly managed programs and training. Current services are through DCF’s direct oversight. -
Florida Legal Services – Domestic Violence Resources
Offers legal assistance and advocacy for survivors of abuse. -
Florida Courts – Domestic Violence Forms & Resources
Provides court forms, procedural info, and access to local self-help centers. -
Florida Department of Law Enforcement (FDLE) – Domestic Violence Data & Services
Maintains statistics and public safety programs related to domestic violence.
🏛️ Federal Agencies
-
Office on Violence Against Women (OVW) – U.S. Department of Justice
Administers grant programs and supports local and state efforts to combat domestic violence. -
National Domestic Violence Hotline (Federally funded)
Provides 24/7 support and resources: 1-800-799-SAFE (7233). -
Administration for Children and Families (ACF) – Family and Youth Services Bureau (FYSB)
Funds domestic violence shelters and support programs through the Family Violence Prevention and Services Act (FVPSA).
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