Types of restraining orders in Florida
Recently updated on April 18th, 2025 at 11:19 pm
In Florida, there are six types of injunctions (protective orders) that apply to different situations. Here’s a table outlining each type and when it applies:
Type of Injunction | Applies To | Who Can File? | What It Protects Against | Example Situations |
---|---|---|---|---|
Domestic Violence Injunction | Abuse or threats between family/household members | Spouses, ex-spouses, relatives by blood or marriage, people living together or who have lived together, parents of a child in common | Physical abuse, stalking, threats, harassment | A woman seeks protection from an abusive ex-husband who she lived with. |
Repeat Violence Injunction | At least two incidents of violence or stalking (one within the last 6 months) | Anyone experiencing repeated violence, including non-family members | Physical harm, threats, stalking, harassment | A coworker repeatedly harasses and threatens another coworker. |
Dating Violence Injunction | Violence or stalking between people in a dating relationship | Someone who had a romantic or intimate relationship with the abuser within the past 6 months | Physical violence, threats, harassment, stalking | A person is assaulted by their ex-boyfriend, whom they dated for a year. |
Sexual Violence Injunction | Any act of sexual violence (regardless of relationship) | Anyone who has been a victim of sexual violence (e.g., assault, lewd acts, exploitation) | Sexual assault, sexual battery, lewd acts, exploitation, human trafficking | A victim of rape seeks protection from their attacker. |
Stalking Violence Injunction | Repeated stalking or cyberstalking | Anyone experiencing stalking (including minors via parents/guardians) | Harassment, surveillance, threats (in person or online) | A person receives continuous unwanted messages and threats from a stranger online. |
Exploitation of Vulnerable Adult Injunction | Financial or physical abuse of an elderly or disabled adult | Family members, caregivers, or concerned individuals on behalf of the vulnerable adult | Financial exploitation, neglect, abuse | A caregiver is stealing money from an elderly person they care for. |
Each type of injunction serves a specific need, depending on the relationship between the parties and the nature of the harm
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.
More details coming soon.
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.
More details coming soon.
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 an Injunction Order
Step 1: Will I qualify for any type of Injunction
Criteria
Review the table above to confirm that your situation meets the basic needs for a type of injunction. If your situation meets the criteria for multiple injunctions you should select the one which applies most directly. For example if you’re filing against an ex-spouse, then Domestic Violence Injunction applies most directly as the relationship type is specific to it.
Step 2: Gather Supporting Evidence
Start by gathering evidence to support your case. For an 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
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 violence, harassment or inducing fear.
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
You can fill these online for free.
Explore Court Forms Online
In order to apply for an Injunction, 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.
Step 4: File your paperwork with the Court
In Florida, you file for a Injunction in the Circuit Court of the county where you live, or where you were abused, or where your abuser lives.
Example of courts
- Miami-Dade Circuit Court
- Broward County Circuit Court
- Hillsborough County Circuit Court
- Palm Beach County Circuit Court
- Orange County Circuit Court
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 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 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 FILED Case Documents to Abuser
Whenever a victim starts an 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, the other party (the respondent) must be served with the court order, which informs them that a Temporary 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 injunction 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
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 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.
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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