Restraining orders in Florida
This page provides a complete overview of Restraining Orders in Florida
What is a Restraining Order in Florida
In Florida, a restraining order, more formally known as an injunction for protection, is a court order issued on request to ban certain behaviors on an abuser such as coming near, or contacting the victim or else be arrested and face criminal charges.
Restraining orders are meant to legally protect someone from violence, threats, or harassment by another person. It’s often used in situations involving domestic violence, dating violence, sexual violence, stalking, repeat violence, or for protecting the elderly.
Restraining orders in Florida can be very useful for victims of noncriminal behaviors, especially when those behaviors are threatening, obsessive, or escalating, but have not to be a crime yet.
Types of Restraining Orders (Injunctions)
Domestic Violence Injunction
Domestic Violence (Florida Statutes 741) means any abuse physical harm threats or controlling behavior where abuser is a current or former spouse, romantic partner who lived together, a coparent, or a family or household member
Stalking Injunction
Stalking (Florida Statutes 784) is defined as someone who is purposefully following or harassing you repeatedly over a period of time for no legitimate purpose, causing you emotional stress. If in doing so, he/she threatens your life or threatens to harm you, with the intent to cause you to reasonable fear for your safety, then the act becomes aggravated.
Repeat Violence Injunction
Repeat Violence (Florida Statutes 784) means any assault, battery, sexual battery, or stalking by a person against any other person. Repeat Violence means two incidents of violence or stalking committed by the respondent, one of which must have been within six months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member(s) that is a minor. All others must file their own petition.
Dating Violence Injunction
This injunction is for violence between individuals who dated or are dating but haven’t lived together. The dating relationship must have existed in the past six months, there must have been romantic, and involved continuous exchanges. Parties who have lived together must opt for the Domestic Violence Injunction.
Injunction for Protection Against Exploitation of a Vulnerable Adult
This injunction is designed to protect elders or adults with disabilities who are at risk of exploitation, abuse, or neglect, often by caregivers, family members, or others in a position of trust.
Sexual Violence Injunction
For situations which do not meet the criteria for a domestic violence injunction, and the other person committed one of the following acts: sexual battery defined by Chapter 794, lewd and lascivious act upon or in the presence of a child younger than 16, lured or enticed a child as described in chapter 787, required a child to sexually perform as in Chapter 827, or committed any forcible felony wherein a sexual act was committed or attempted.
How to get a Restraining Order in Florida
Step 1: Go to the Courthouse or File Online
Start by going to the Clerk of Court’s office in your county—either where you live, where the respondent lives, or where the incident occurred. Many counties also offer online filing options for convenience and privacy. You’ll be asking for an “injunction for protection.”
Step 2: Fill Out a Petition
You’ll complete a sworn petition explaining why you need protection. The form will ask for details about the relationship, what type of violence or harassment occurred, and when. Be specific—include any threats, physical incidents, or stalking behavior. This written statement is very important for the judge’s decision.
Step 3: Judge Reviews Your Request
Once you submit your petition, a judge will review it—usually the same day. If the judge believes there’s an immediate danger, they can issue a temporary injunction. This gives you short-term protection until the full hearing is held.
Step 4: Serving the Respondent
Law enforcement or a process server will deliver the petition and any temporary order to the respondent. You do not have to serve the papers yourself. This official delivery is required so the other person knows about the hearing and the temporary restrictions.
Step 5: Go to the Hearing
A court hearing will be held—usually within 15 days of filing. Both you and the other person can present your side, bring evidence, or call witnesses. After hearing both sides, the judge will decide whether to issue a Final Injunction, which can last for a specific period or indefinitely.
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