How Do I Get a Domestic Violence Injunction in Florida?
In Florida, you get a domestic violence injunction — often called a restraining order — by filing a sworn petition under section 741.30 in circuit court. There is no filing fee. A judge can grant a temporary order the same day, followed by a hearing within about 15 days for a longer-term injunction.
If you are in immediate danger, call 911. You can also reach the National Domestic Violence Hotline any time at 1-800-799-7233.
Who Can File for a Domestic Violence Injunction
Under section 741.30, you can petition a circuit court for protection if you are a victim of domestic violence or have reasonable cause to believe you are in imminent danger of becoming one. The person you file against must be a family or household member: a spouse or former spouse, someone related to you by blood or marriage, someone you live with or have lived with as a family, or someone you share a child with. If the other person does not fit that definition — for example a dating partner you never lived with — Florida offers separate dating-violence, repeat-violence, and sexual-violence injunctions instead.
How to File — and Why It’s Free
Florida law flatly prohibits charging a filing fee for a domestic violence injunction, and there are no fees for serving the papers or for a certified copy either. You file a verified (sworn) petition with the circuit clerk describing the most recent act of violence and the history between you and the respondent. The clerk’s office will help you complete the standard forms, though clerks cannot give legal advice about what to write.
The Temporary (Ex Parte) Injunction
As soon as you file, a judge reviews your petition — in Miami-Dade, often within a couple of hours. If it shows an immediate and present danger of domestic violence, the judge can enter a temporary injunction the same day, without the other side present (that is what “ex parte” means). The temporary order lasts up to 15 days, until the full hearing, and is served on the respondent by law enforcement, who can also remove firearms.
The Final Hearing
The court sets a full hearing within about 15 days, and both you and the respondent can appear, testify, and present evidence and witnesses. The judge can dismiss the case, extend the temporary injunction, or enter a final injunction that lasts indefinitely until a court modifies or dissolves it. Showing up matters: if the petitioner does not attend, the case is usually dismissed and any temporary protection ends.
What an Injunction Can Order
A Florida domestic violence injunction can do far more than say “stay away.” A judge can order no contact and no going near your home, work, or school; give you exclusive use of a shared residence; award temporary support and a temporary time-sharing schedule for children; require the respondent to surrender firearms and ammunition; and order a batterers’ intervention program. Violating any of these terms is a crime.
Getting an Injunction in Miami-Dade County
Miami-Dade injunctions are handled by the Eleventh Judicial Circuit, which runs domestic-violence intake units at the Downtown, North Dade, South Dade, and Hialeah courthouses, plus the Coordinated Victims Assistance Center. The intake staff are multilingual and can help you complete the petition and plan for safety. Having a lawyer at the final hearing can make a real difference, because that is where evidence and testimony decide whether the protection becomes permanent. Arturo R. Alfonso P.A. has represented Miami-Dade families in English and Spanish for over 35 years. Anyone searching for a family lawyer near me in Miami is welcome to reach out for a consultation.
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