Florida Domestic Violence Injunction Attorney: Protective Orders Explained
Quick Answer
A Florida injunction for protection against domestic violence is a civil court order under Fla. Stat. § 741.30. A judge can grant a temporary ex parte injunction the same day — effective for no more than 15 days — and must set a full hearing before it expires, where both sides present evidence before a final injunction is entered. Pazos Law Group represents both petitioners seeking protection and respondents defending against a petition across Miami-Dade.
What a Domestic Violence Injunction Is
An injunction for protection against domestic violence — often called a restraining order — is a civil order, separate from any criminal charge. It is governed by Fla. Stat. § 741.30. Under § 741.28, “domestic violence” means assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another.
To qualify under § 741.30, the petitioner and respondent must be family or household members — spouses, former spouses, people related by blood or marriage, people who live together as a family or did so in the past, or people who share a child. If the parties were never married and never lived together, the correct vehicle may instead be a repeat-violence, dating-violence, or sexual-violence injunction under § 741.30’s companion statute, § 784.046.
How to Get an Injunction: Petition and the 15-Day Ex Parte Order
A petitioner files a sworn petition in the circuit court — there is no filing fee for a domestic violence injunction. The petition must describe the specific incidents and the basis for fear of imminent violence. If the sworn facts show an immediate and present danger, the judge may issue a temporary ex parte injunction — meaning without the respondent present — that same day.
By statute, an ex parte temporary injunction is effective for a fixed period not to exceed 15 days, and the court must set a full hearing on or before the date the temporary order expires. At the ex parte stage, the court considers only verified pleadings or affidavits unless the respondent appears. The temporary order is extended if a hearing is continued for good cause.
What Relief a Judge Can Order
At the full hearing the court can enter a final injunction that, among other things, orders the respondent to have no contact with the petitioner, grants the petitioner exclusive use and possession of a shared home, awards temporary time-sharing and even temporary child support, directs the surrender of firearms, and refers the respondent to a batterers’ intervention program. A final injunction may be entered for a fixed duration or with no expiration date, depending on the evidence.
Defending Against a Petition
An injunction carries serious consequences — it can remove you from your home, restrict time with your children, require you to surrender firearms, and appear in background checks. Allegations are sometimes exaggerated or raised for leverage in a divorce or custody dispute. A respondent has the right to appear at the full hearing, cross-examine the petitioner, present witnesses and evidence, and testify. Because the petitioner must prove the statutory grounds, careful preparation between the ex parte order and the hearing is critical.
Violations Are a Crime
While the injunction itself is civil, violating it is criminal. Under Fla. Stat. § 741.31, knowingly violating an injunction for protection against domestic violence is generally a first-degree misdemeanor, and certain repeat or aggravated violations can be charged as felonies. Florida also maintains a statewide verification system so that law enforcement in any county can confirm an active injunction.
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Frequently Asked Questions
How fast can I get a restraining order in Florida?
If your sworn petition shows an immediate and present danger of domestic violence, a judge can issue a temporary ex parte injunction the same day you file under Fla. Stat. § 741.30. That temporary order lasts no more than 15 days, and the court must hold a full hearing before it expires.
Is there a fee to file a domestic violence injunction in Florida?
No. Florida law does not charge a filing fee, and does not require a bond, for a petition for an injunction for protection against domestic violence.
What is the difference between domestic violence and dating violence injunctions?
A domestic violence injunction under § 741.30 requires that the parties be family or household members — married, formerly married, related, living together as a family, or sharing a child. If you were never married and never lived together, you may instead qualify for a dating-violence, repeat-violence, or sexual-violence injunction under § 784.046.
Can an injunction affect custody and my home?
Yes. A judge can award the petitioner exclusive use of a shared residence and establish a temporary time-sharing schedule and support as part of the injunction, in addition to no-contact provisions.
What happens if someone violates an injunction?
Knowingly violating a domestic violence injunction is a criminal offense under Fla. Stat. § 741.31 — generally a first-degree misdemeanor — and is enforced statewide. It is separate from, and in addition to, the civil injunction.
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