Step-by-Step Process to Get a Dating Violence Injunction in Florida

Overview

A Dating Violence Injunction in Florida is a civil court order that offers legal protection to people who have been victims of violence, threats, or stalking within a romantic or intimate relationship. This process, governed by Florida Statute §784.046, allows anyone meeting the statutory definition of a “dating relationship” to petition for immediate judicial protection using Florida Supreme Court Approved Family Law Form 12.980(n). The law was designed to bridge a crucial gap between domestic-violence protections (which apply to family or household members) and repeat-violence injunctions (which cover non-intimate relationships), ensuring that victims in dating relationships are equally protected.

The process is swift, accessible, and free of charge. Petitioners can file in person at any circuit-court clerk’s office or electronically through the Florida Courts ePortal. Judges review petitions the same day or within one business day, and when warranted, they issue a temporary (ex parte) injunction that takes effect immediately upon service. A full hearing follows within 15 days, where both parties may present evidence and testimony. If the judge finds that dating violence occurred or that the petitioner has reasonable cause to fear future harm, a final injunction is entered—usually for one year but renewable indefinitely.

This order is enforceable statewide and nationally under the federal Full Faith and Credit clause. Violations are criminal offenses punishable by arrest. The relief may include strict no-contact directives, stay-away zones around home, work, or school, and firearm prohibitions. Petitioners may also request counseling mandates or other tailored protections. Because this is a civil remedy, it does not require a criminal conviction; the standard of proof is “preponderance of the evidence”—that it is more likely than not that violence occurred.

What distinguishes the dating-violence injunction process is its emphasis on immediacy and accessibility. Florida’s courts treat protective-order filings as emergencies. Clerks expedite processing, sheriffs prioritize service, and judges make after-hours rulings when necessary. This integrated workflow ensures that victims receive protection within hours, not weeks. Understanding the sequential steps—from determining eligibility to enforcing the final order—empowers petitioners to navigate the system confidently and maximize the protection the law provides.

Who Can Apply

Under §784.046(1)(d), a “dating relationship” means a continuing and significant relationship of a romantic or intimate nature that has existed within the past six months and involved an expectation of affection or sexual involvement. Casual acquaintanceships or ordinary social interactions do not qualify. You may apply if you are an adult—or a parent or guardian of a minor—who has experienced an act of dating violence or has reasonable cause to believe imminent danger exists. The relationship may be current or recently ended, provided its nature fits the statutory definition.

The respondent (the person from whom protection is sought) must be at least 18 years old or legally emancipated. Petitioners need not share a residence, child, or finances with the respondent. College students, co-workers, neighbors, and partners in recent romantic relationships frequently use this remedy. Minors may petition through a parent or guardian, and in some circuits, 16- and 17-year-olds may file independently if deemed competent and safe to do so. Citizenship status is irrelevant—non-residents, visitors, and undocumented individuals all have equal access to the injunction process.

Filing can occur in any county where the petitioner lives, where the respondent lives, or where the acts occurred. This jurisdictional flexibility allows victims who have relocated for safety to file immediately in their new county. Petitioners who fear disclosing their address can use Florida’s Address Confidentiality Program (ACP), which substitutes a secure Tallahassee mailing address for court correspondence. Clerks and judges are required to honor that substitution to protect victims’ locations.

Importantly, the petitioner does not need a police report or physical injury to qualify. Courts routinely grant injunctions based on credible sworn statements describing threats, stalking, or physical intimidation. What matters is the totality of circumstances—specific incidents, fear of future harm, and the dating relationship itself. This broad eligibility ensures that the law protects victims at the earliest possible stage, before violence escalates further.

Benefits of Seeking a Dating Violence Injunction

The injunction process provides a suite of legal, psychological, and practical benefits. Foremost is immediate safety: judges can issue temporary protection within hours of filing. This ex parte order can include no-contact directives, mandatory distance buffers, and firearm surrender, giving the petitioner breathing room to organize longer-term solutions. The process is free of charge; Florida law prohibits clerks and sheriffs from collecting fees for injunction cases, eliminating financial barriers.

Beyond physical safety, the injunction confers legal standing. Once issued, the order carries the full authority of the court. Police can arrest the respondent for any violation without a warrant, and violations are prosecutable criminal offenses. The injunction also empowers victims to document ongoing patterns of abuse, strengthening future criminal or civil cases. Because it is civil, it does not require proof “beyond a reasonable doubt”—making it accessible even when criminal prosecution is impractical.

Psychologically, the process helps victims regain control. Having a court-ordered barrier often breaks cycles of coercion or manipulation. It also provides a clear legal boundary that third parties—employers, landlords, schools—can enforce. Many workplaces and educational institutions recognize injunctions formally, allowing schedule changes, campus security escorts, or temporary housing transfers. The injunction thereby integrates personal safety into the petitioner’s daily environment.

Procedurally, dating-violence injunctions are among the fastest civil remedies available in Florida. Hearings occur within 15 days, extensions are easily requested, and enforcement is automatic through FCIC/NCIC. No lawyer is required, though advocates and pro bono services are available through certified domestic-violence centers statewide. For many Floridians, Form 12.980(n) represents the quickest, most cost-effective route to peace of mind and lasting protection.

Step 1 – Confirm That Your Relationship Qualifies

The first and most critical step is verifying that your circumstances meet the statutory definition of a dating relationship. Florida law specifies four key factors: (1) the relationship must have existed within the previous six months; (2) it must have been romantic or intimate, not casual; (3) there must have been an expectation of affection or sexual involvement; and (4) the interaction must have been continuous rather than sporadic. Relationships conducted primarily online can qualify if they included sustained romantic communication and in-person contact consistent with dating behavior.

Courts reject petitions where the parties were merely friends, co-workers, or casual acquaintances. Therefore, describe your relationship concretely—how long you dated, how often you met, whether you introduced each other to friends or families, and whether the relationship included romantic or sexual components. This context distinguishes dating from platonic interaction. Judges use this narrative to determine jurisdiction; if they find the relationship non-qualifying, they may redirect you to file a repeat-violence or stalking injunction instead.

Documenting the relationship timeline is essential. Gather photos, text messages, social-media posts, or other evidence showing dating activity. Courts do not require you to submit this at filing, but you will need it for the hearing. This preparation ensures that the court sees a clear, credible foundation before considering the violence itself. By starting with eligibility verification, you prevent misclassification and accelerate judicial review.

Step 2 – Identify and Describe Each Incident of Violence or Threat

Every injunction depends on credible evidence of violence or reasonable fear of future harm. Violence includes assault, battery, sexual assault, stalking, kidnapping, or any criminal offense resulting in injury or death. Threats that create a well-founded fear of imminent harm also qualify. When completing the petition, list incidents in chronological order with as many specifics as possible—dates, locations, times, what was said or done, and how you responded. Judges rely on this detail to assess credibility.

Describe two or more distinct events if they exist, but even one serious incident plus continuing fear can justify an injunction under §784.046(2)(b). For example: “On May 10 at 8 p.m., the respondent grabbed me by the shoulders and yelled that he would ‘make me pay’ after I ended the relationship.” Avoid generalities like “He is abusive.” Use factual language and include evidence references—police report numbers, screenshots, or witness names.

Specificity is key. Courts frequently deny petitions that read like summaries rather than accounts. Focus on actions and impact. If the violence involved technology—threats by text, tracking devices, or social-media harassment—note the platform and dates. Digital threats are as serious as physical acts and fall squarely within Florida’s definition of dating violence. The more detailed your account, the faster a judge can identify qualifying conduct and issue immediate protection.

Step 3 – Prepare Your Evidence and Complete Form 12.980(n)

Download the official Florida Supreme Court Family Law Form 12.980(n) from flcourts.gov or pick it up at your county clerk’s office. The form is standardized statewide, ensuring uniformity. Read the instructions carefully before writing. The petition acts as both your sworn statement and request for court relief. Complete it neatly in black ink or electronically. Provide your full legal name, the respondent’s identifying details (age, description, addresses, workplaces, phone numbers), and mark “confidential” if you are using ACP or another safe mailing address.

In the narrative sections, recount each violent act or threat with precise language. Use continuation sheets if you run out of space and label them “Attachment A, B, C.” Check every box corresponding to the relief you seek—no contact, stay-away zones, firearm surrender, counseling, or any additional orders. Leaving boxes unchecked tells the court you are not requesting that protection. Before signing, review for completeness; omissions can delay emergency relief. Sign the petition under oath before a notary or deputy clerk—this converts it into a legally binding affidavit.

Attach exhibits such as photos, police reports, or screenshots as evidence but keep originals unstapled. Clerks prefer single-sided pages labeled clearly. Once finished, make at least two copies—one for your records and one for the upcoming hearing. This completed petition is the core of your case and the foundation on which the court determines immediate safety measures in the next steps.

Step 4 – File the Petition with the Clerk of Court

After completing Form 12.980(n), the next stage is physically or electronically submitting it to the clerk of the circuit court. Florida circuit courts handle all injunction matters, and every county has a designated injunction intake department or domestic-violence office. Walk-in petitioners are given immediate attention—no appointments required. Bring identification, your completed petition, and copies of any attachments. The filing process is free under Florida Statute §784.046(3)(a); clerks may not charge for filing, notarization, or certified copies.

When you arrive, advise the clerk that you are filing a petition for protection against dating violence. You will be directed to a secure area to review and sign the form under oath. A deputy clerk or notary will administer the oath and affix their seal, converting your petition into a sworn affidavit. If you are using a confidential address through the Address Confidentiality Program (ACP), confirm that the substitute address is used consistently on every page. The clerk will remove your physical address from the public record and seal it under statutory authority.

If you cannot appear in person, you may file electronically through the Florida Courts ePortal (myflcourtaccess.com). This online system allows self-represented litigants to create an account, upload signed PDFs of Form 12.980(n), and attach evidence. Electronic filing is timestamped instantly and routed to the clerk for processing. Within minutes, the petition appears in the judge’s digital queue for review. Keep confirmation of submission, as this timestamp proves the official filing date.

Once the clerk accepts the petition, they will create a case number and immediately forward it to the duty judge. You will receive a receipt with that number; memorize it—it will appear on all future documents and hearings. The clerk may also ask whether you wish to apply for a temporary (ex parte) injunction pending hearing. This is recommended in almost all cases where violence or threats have occurred. The judge will review your sworn petition, often within an hour, even outside normal court hours in emergency circumstances.

If granted, the temporary injunction becomes effective once law enforcement serves the respondent. If denied, the court may still schedule a full hearing so that both parties can testify. Before leaving the courthouse, verify that you have been given certified copies of the petition and any temporary order. Ask the clerk for two or three extra copies—these can be provided free for safety use at work or school. Filing correctly ensures your request enters the judicial system efficiently and without procedural delays, positioning you for the next critical phase: judicial review and temporary protection.

Step 5 – Judicial Review and Temporary (Ex Parte) Injunction

Immediately after filing, the petition reaches a circuit-court judge for review. This phase is called an ex parte review, meaning it occurs without the respondent present. The judge reads only your sworn petition and attached evidence to determine whether there is “reasonable cause” to believe dating violence occurred or is imminent. The legal threshold is lower than criminal standards; the judge need only find that the facts, if true, justify temporary relief. Because protective orders concern safety, Florida courts give these petitions top priority—even outside regular business hours.

Judges look for three core elements: proof of a qualifying dating relationship, a credible description of violence or threats, and a well-founded fear of future harm. Specificity matters. Statements such as “He threatened to come to my apartment again” or “She sent repeated messages saying I’d regret ending the relationship” demonstrate ongoing risk. If the judge concludes you meet these criteria, a Temporary Injunction for Protection Against Dating Violence will be issued the same day. This order typically forbids contact, mandates distance (often 500 feet), and orders the respondent to surrender firearms under §790.233.

The temporary order remains in effect until the full hearing—generally within 15 days. The clerk transmits the signed injunction to the sheriff’s office for service and enters it into the statewide FCIC/NCIC databases, making it visible to all law-enforcement agencies. You will receive certified copies before leaving the courthouse. Keep one with you at all times; once served, officers can enforce the order immediately if a violation occurs.

If the judge denies the temporary injunction, do not interpret it as defeat. Courts sometimes withhold temporary relief because they wish to hear both sides before ruling. In that case, the clerk will issue a Notice of Hearing setting a date for you and the respondent to appear. The temporary denial does not erase your petition—it simply advances the case to a contested hearing where testimony and evidence will decide the outcome. Either way, judicial review is the turning point that transitions your written request into active court protection.

Step 6 – Service of Process by the Sheriff

Service of process is what makes the injunction legally binding. The respondent must receive official notice of the petition, any temporary order, and the hearing date. Until service is completed, law enforcement cannot enforce the order. The clerk automatically forwards all documents to the sheriff’s civil-process unit in the county where the respondent lives or can be found. Florida law requires sheriffs to serve protective orders without charging any fee, and they treat these cases as emergencies.

Your role is to help deputies locate the respondent quickly. Provide every possible identifier: full name, aliases, date of birth, home and work addresses, phone numbers, social-media profiles, vehicle descriptions, and photos if available. Many clerks include an information sheet where you can record this data confidentially. Deputies will attempt service multiple times—morning, evening, and weekends if necessary. Most respondents are served within 24–48 hours. You can call the sheriff’s civil-process division for updates using your case number.

If the respondent has moved to another county or state, the clerk forwards documents to that jurisdiction’s sheriff under the Uniform Interstate Service Protocol. Until successful service, ask the clerk whether you should request an extension of the temporary injunction so protection remains active. Judges routinely grant extensions when service is delayed through no fault of the petitioner.

After service, the deputy files a “Return of Service” form with the clerk confirming delivery. Keep a copy for your records. Once service is confirmed, the injunction becomes fully enforceable. From this point forward, any violation—calls, texts, drive-bys, social-media messages—can result in arrest under §784.047. If you suspect the respondent is intentionally evading service, notify the clerk immediately; the court may authorize alternative methods or reschedule the hearing to preserve your rights. Proper service transforms your paperwork into an active protective shield recognized statewide.

Step 7 – Prepare for and Attend the Final Hearing

The final hearing is where the court decides whether to make your injunction permanent. Arrive early—at least 30 minutes before your scheduled time—with three complete sets of documents: one for you, one for the judge, and one for the respondent. Bring originals of any evidence referenced in your petition such as screenshots, texts, photos, police reports, or medical records. Dress respectfully, turn off your phone, and wait quietly until called.

When the judge calls your case, you will be sworn in and invited to testify first. Speak directly to the judge—not to the respondent—and focus on facts: what happened, when, where, and how it made you fear for your safety. Organize your story chronologically, using concise sentences. Visual evidence should be presented in logical order. Judges appreciate brevity and clarity. Avoid emotional outbursts; professionalism strengthens credibility. If you have witnesses, they may testify after you. Ask them simple questions about what they saw or heard—never coach or interrupt them.

The respondent will have a chance to respond and present their own evidence. Stay calm even if they make false statements; wait for your turn to rebut. When cross-examined, listen carefully and answer honestly but succinctly. Do not argue or speak over the judge. If the respondent attempts intimidation or eye contact, keep your focus on the judge. Bailiffs are present to ensure safety.

After both sides present evidence, you may summarize your request: “Your Honor, I’m asking for a final injunction because I remain in fear for my safety due to repeated threats and physical acts described today.” The judge may rule immediately or take the matter under advisement. If granted, you’ll receive a Final Judgment of Injunction for Protection Against Dating Violence. This order specifies duration, stay-away distances, and firearm prohibitions. The clerk gives you certified copies the same day, and law enforcement updates the statewide database within 24 hours.

If denied, ask the clerk for a written order explaining the reason; you may appeal or refile if new incidents occur. Regardless of outcome, remain alert. If protection is granted, the respondent’s violation of any term—no-contact, distance, or communication—triggers immediate arrest authority for police. The final hearing is your opportunity to transform documentation and testimony into a lasting, enforceable court order ensuring your continued safety.

Step 8 – After the Hearing and Understanding the Final Injunction

When the judge issues the final ruling, the injunction becomes an enforceable court order under Florida Statute § 784.046. If granted, the clerk immediately certifies copies and provides them to you before you leave. The order outlines how long it will remain effective (often 12 months but renewable), the precise no-contact terms, required distances (commonly 500 feet from your home, work, or school), firearm and ammunition prohibitions, and any special directives such as surrender of keys, property, or attendance at counseling. These details are not mere suggestions — they are legally binding commands backed by the court’s contempt power.

The clerk electronically transmits the signed order to local law enforcement and uploads it into both the Florida Crime Information Center (FCIC) and the National Crime Information Center (NCIC) databases. Within 24 hours, every law-enforcement agency in Florida can verify your protection order in real time. This digital registration also activates interstate enforcement through the federal Full Faith and Credit provision (18 U.S.C. § 2265), which requires all states and tribal jurisdictions to honor Florida injunctions as if issued locally.

Take time to review every clause before leaving the courthouse. Confirm spelling of names, dates, and addresses. Ask the clerk or on-site victim advocate to clarify ambiguous language, especially around “no contact” or “stay-away” zones. Keep at least three certified copies — one for yourself, one for your workplace or school security office, and one for a trusted friend or family member. Store digital scans securely on your phone or cloud drive so you can display them quickly for police if needed.

Once the respondent is personally served with the final injunction, any violation — an unwanted call, text, email, gift, or physical approach — constitutes a criminal offense under § 784.047. Officers may arrest without a warrant based on probable cause. Always report violations immediately by calling 911, then file a written incident report. The state attorney may prosecute repeated violations as misdemeanors or felonies depending on severity.

If the injunction is denied, you will receive a written order explaining the reason — usually insufficient evidence of a qualifying relationship or threat. Denial does not bar refiling if new incidents occur; in fact, many petitioners successfully reapply after presenting clearer documentation or witness statements. For granted injunctions, remember that protection is only as effective as enforcement: keep documentation current, cooperate with law enforcement, and renew the order before expiration if danger persists. Step 8 marks the transition from courtroom relief to real-world safety.

Step 9 – Modifying, Extending, or Dissolving the Injunction

Circumstances change, and Florida law provides mechanisms to modify, extend, or dissolve an injunction when needed. Either party — petitioner or respondent — may file a written motion asking the court to adjust terms. The most frequent request is an extension when fear of future harm remains credible. You must file the motion before the injunction expires; otherwise, protection lapses automatically and cannot simply be “restarted.” Extensions are common and may last for months or multiple years at the judge’s discretion.

To extend, complete a “Motion to Extend Injunction for Protection Against Dating Violence” available from the clerk or flcourts.gov. Describe continued threats, contact attempts, or other reasons you remain afraid. Attach supporting documentation such as text messages, police reports, or witness affidavits. Once filed, the clerk schedules a short hearing (usually within two weeks) and notifies the respondent. Judges almost always grant extensions when petitioners demonstrate ongoing fear supported by credible events.

A modification alters specific terms without ending the injunction — for example, expanding stay-away zones, changing child-exchange arrangements, or clarifying communication limits. File a written motion explaining why the adjustment is necessary and attach any proof of changed circumstances. The judge can modify conditions at a brief hearing or through written order.

A dissolution completely terminates the injunction. Only the court can cancel it — not the petitioner and not law enforcement. If you wish to dissolve voluntarily, you must file a signed motion and appear before the judge to confirm the decision is free from pressure or coercion. The judge will ask direct questions such as “Has the respondent contacted or influenced you to drop this order?” to ensure safety. Once signed, the dissolution order is transmitted to law enforcement, and the FCIC/NCIC records are updated to reflect closure.

Remember: until the judge enters a modification or dissolution, the existing injunction remains fully enforceable. Even mutual contact or reconciliation can technically violate the order, exposing the respondent to arrest. Handle any change formally through the court. Keeping clear records of every motion and order builds a permanent safety trail and ensures uninterrupted protection aligned with your evolving circumstances.

Step 10 – Long-Term Safety and Recovery After the Injunction

Obtaining an injunction is not the end of the journey — maintaining safety and rebuilding stability require continued vigilance. Begin by developing a personalized safety plan. Vary travel routines, park in well-lit areas, and share your schedule only with trusted contacts. Provide your employer, school, and child-care facilities with a copy of the injunction and a photograph of the respondent. Ask that security staff or receptionists be alerted not to permit contact or delivery attempts.

Digitally, reinforce privacy. Change passwords, enable two-factor authentication, and review social-media settings. Avoid sharing real-time locations or photos that reveal your routine. Block and document any electronic contact attempts from the respondent. Preserve all evidence — screenshots, voicemails, and messages — in both digital and printed form. Use cloud backups or a secure flash drive stored off-site. Should violations occur, this documentation becomes critical for enforcement or future extensions.

Florida’s network of certified domestic- and dating-violence centers offers confidential counseling, relocation help, and support groups. Call the statewide hotline (1-800-500-1119) for 24-hour assistance. Many centers provide legal advocates who accompany victims to hearings or coordinate with law enforcement. These services are free and available regardless of income or citizenship.

Emotionally, recovery takes time. Trauma counseling or therapy can help rebuild confidence and manage anxiety. Seek friends or mentors who reinforce positive independence. Some survivors find empowerment through advocacy — volunteering at shelters or educating others about legal protections. The goal is to transition from surviving to thriving. Keep copies of all court documents indefinitely; they may assist with future employment background checks or interstate enforcement.

Long-term safety depends on awareness, community, and consistency. Continue monitoring the respondent’s behavior even years later, and renew the injunction if any sign of threat re-emerges. Step 10 closes the process but begins a new chapter — one centered on sustained protection, emotional restoration, and reclaiming control over your life.

Associated Costs

Florida law ensures that petitioners never pay filing or service fees for dating-violence injunctions. The clerk, sheriff, and certified-copy costs are waived under § 784.046(3). You may incur small out-of-pocket expenses such as printing exhibits, obtaining additional certified copies beyond the free set, or paying notary fees if you sign outside the courthouse. Subpoenas for witnesses are typically free in injunction matters. Should you later order transcripts for appeal, expect modest per-page costs (about $2 per page). Compared with any other civil action, this process remains one of Florida’s most financially accessible remedies.

Time Required

The dating-violence injunction timeline is designed for speed. Once filed, petitions are usually reviewed by a judge within the same day or next business day. Temporary (ex parte) orders last up to 15 days, and hearings are set within that window. If the respondent cannot be served promptly, judges may extend temporary protection until service occurs. Final hearings typically conclude within two to three weeks of filing. Motions to modify or extend are heard within 14 days. This rapid cadence reflects Florida’s legislative intent: immediate judicial access for anyone facing imminent dating-related violence.

Limitations and Cautions

While injunctions are powerful tools, they are not physical barriers. They depend on enforcement and the respondent’s compliance. Always remain cautious, even after obtaining protection. Misusing the process — such as filing false or exaggerated claims — can result in dismissal and potential perjury charges. Judges require clear evidence of a qualifying dating relationship and acts or threats that create reasonable fear. Casual friendships or isolated arguments seldom qualify. Also note that injunctions cannot resolve unrelated property, financial, or custody issues unless directly tied to safety. If those matters arise, separate family- or civil-court actions are needed. Finally, never confront the respondent to negotiate terms; all communication must flow through the court or law enforcement to preserve safety and legal validity.

Authoritative References

• Florida Statute § 784.046 — Dating, Repeat, and Sexual Violence Injunctions
• Florida Supreme Court Family Law Form 12.980(n)
• Florida Courts – Dating Violence Information Center
• Florida Senate – Current Text of § 784.046 (2025 Edition)

These primary sources contain the official statutory language, procedural rules, and downloadable forms that govern the Dating Violence Injunction process in Florida. Petitioners should review them carefully to ensure compliance with the latest statewide requirements before filing.