LegalAtoms Create forms

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.”

Create and E-File Court Forms

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.

Forms needed

These are the court forms typically required for this process. LegalAtoms prepares each of them for you automatically.

Free legal help available

You do not have to go through this alone. These organizations offer free, confidential support to help you understand the process and review your court forms.

Seminole County Victims' Rights Coalition, Inc Free Seminole County
Help is available. Find a safe place to turn to and create a safety plan with the help of an advocate.
The Dorothy Guess Self Help Center Free Seminole County
Our Self Help Center is designed to offer self-represented parties (pro-se parties) resources and ministerial assistance for small claims, landlord tenant evictions, family law and probate estate cases (formal and summary administration only).
Nuevo Sendero Free Orange County
Nuevo Sendero is promotes and maintains public awareness of domestic violence, sexual abuse and family relationships. They primarily work with Hispanic families of diverse backgrounds.
🕒 Monday – Friday 9 AM – 6 PM
Harbor House of Central Florida Free
Support services for domestic abuse survivors in Orange County and Central Florida
⏰ 24-Hour Confidential Crisis Hotline
Help Now, Inc. Free Osceola County
Safety. Empowerment. Healing.
Services provided to victims of Domestic Violence:
🏠 Safe shelter
👤 Individual counseling
👥 Support groups
Miami-Dade County Community Action and Human Services Department - CAHSD Free Miami-Dade County
Need help but can't safely make a call? Text us at 📱 305-679-0303 - ⏰ available 24/7.
The Violence Prevention and Intervention Division provides a text Helpline for Miami-Dade County victims of domestic violence, sexual violence, and human trafficking who are unable to make a telephone call safely. 🔒 Text messages can be sent to 📱 305-679-0303, ⏰ 24 hours a day, 7 days a week.
Coordinated Victims Assistance Center (CVAC) Free Miami-Dade County
A Miami-Dade County one-stop, non-residential center for victims of domestic violence, sexual assault, dating violence and human trafficking.
The center provides on-site coordinated services in collaboration with community partners, faith-based organizations, universities, nonprofit agencies and other governmental agencies.
📍 2400 S Dixie Hwy, Miami, FL 33133
📅 Monday - Friday, 8 a.m. to 5 p.m.
Domestic Abuse Council of Volusia County Free
A Volusia County one-stop center providing shelter, support, and advocacy for victims of domestic violence and their children.