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Difference between Criminal Protection Order and Domestic Violence Injunctions in Florida?

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Recently updated on June 7th, 2025 at 11:16 am

Here’s a table outlining the key differences between Criminal Protection Orders and Domestic Violence Injunctions in Florida:

Feature Criminal Protection Order Domestic Violence Injunction
Legal Basis Part of a criminal case Part of a civil case
Who Requests It? Issued by the court during a criminal case (prosecutor involvement) Requested by the victim (petitioner) directly in civil court
When Issued? At the first court appearance of the accused (after arrest) Can be requested at any time, regardless of a criminal case
Who It Protects? The victim of the alleged crime Any individual who fears domestic violence or has been harmed
Restrictions Imposed No-contact order, stay-away order, possible firearm surrender No-contact order, stay-away order, removal from shared home, firearm surrender, child custody orders
Duration Typically lasts until the criminal case ends or longer if included in sentencing Can be temporary (15 days) or permanent after a court hearing
Violation Consequences Can lead to additional criminal charges Considered a criminal offense, leading to arrest and penalties
Court Handling the Case Criminal court Civil or family court
Purpose Protects a victim during a criminal prosecution Protects an individual without requiring a criminal case

 

 

 

In Florida, criminal protection orders and domestic violence injunctions serve similar protective purposes but differ in their legal basis and process.

  1. Criminal Protection Orders

    • Issued as part of a criminal case when someone is arrested for a crime involving violence, such as domestic violence, assault, or stalking.
    • Typically imposed by a judge at the defendant’s first court appearance (arraignment).
    • Can prohibit contact with the victim and include other restrictions to protect them.
    • Remains in effect while the criminal case is ongoing and may continue as part of sentencing.
    • Violation is a criminal offense, leading to additional charges.
  2. Domestic Violence Injunctions (Restraining Orders)

    • A civil order that a person (the petitioner) can request without a criminal charge being filed.
    • Filed in family or civil court, usually when the petitioner fears future harm or has experienced domestic violence.
    • The court may issue a temporary injunction immediately, with a hearing scheduled for a permanent injunction.
    • Can impose restrictions such as no-contact orders, removal from a shared home, and firearm surrender.
    • Violation is a criminal offense, but the injunction itself is not tied to a criminal case.

Key Differences:

  • Legal Process: Criminal protection orders are part of a criminal case, while domestic violence injunctions are part of a civil case.
  • Who Can Request It: A criminal protection order is issued by the state (prosecutor), whereas a domestic violence injunction is filed by the victim.
  • Duration: Criminal protection orders last as long as the criminal case (and possibly probation), while domestic violence injunctions can be temporary or permanent depending on the judge’s ruling.

 

How do you get a Domestic Violence Injunction?

Injunctions for Protection against Domestic Violence, or 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.

The person who needs protection asks a court for help by filling out some papers. These papers explain what happened and why they need protection. The court then looks at the papers and decides if the person needs protection. If the court agrees, it gives them a restraining order. This order tells the abuser to stop hurting or bothering the person who asked for protection. It also tells them to stay away from them and maybe even their home or workplace.

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.

Create and E-File Court Forms

 

Resources

Here’s a list of government agencies that assist victims of domestic violence in Florida

🛡️ Florida State Agencies and Programs

  1. Florida Department of Children and Families – Domestic Violence Program
    Oversees certified domestic violence centers across the state and coordinates services.

  2. 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.

  3. Florida Legal Services – Domestic Violence Resources
    Offers legal assistance and advocacy for survivors of abuse.

  4. Florida Courts – Domestic Violence Forms & Resources
    Provides court forms, procedural info, and access to local self-help centers.

  5. Florida Department of Law Enforcement (FDLE) – Domestic Violence Data & Services
    Maintains statistics and public safety programs related to domestic violence.

 

🏛️ Federal Agencies

  1. Office on Violence Against Women (OVW) – U.S. Department of Justice
    Administers grant programs and supports local and state efforts to combat domestic violence.

  2. National Domestic Violence Hotline (Federally funded)
    Provides 24/7 support and resources: 1-800-799-SAFE (7233).

  3. 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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