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. Except for a parent of your child, the person must live with you now or have lived with you in the same home at some point (section 741.28(3)). 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 prohibits charging a filing fee for a domestic violence injunction (section 741.30(2)(a)). 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

After you file, a judge reviews your petition. 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.

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 whose protective terms remain in effect until the court modifies or dissolves it (section 741.30(6)(c)). Showing up matters: if the petitioner does not attend, the case may be dismissed and any temporary protection can end.

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; order a batterers’ intervention program; and address firearms, since a person subject to a final injunction may not have a firearm or ammunition (section 790.233). A willful violation of the injunction’s protective terms, such as contacting you or coming to your home, is a crime under section 741.31(4).

Getting an Injunction in Miami-Dade County

Miami-Dade injunctions are handled by the Eleventh Judicial Circuit, and petitions are taken through the court’s domestic violence intake offices, including the Coordinated Victims Assistance Center; check the Clerk’s website for current locations and hours. Intake staff can help you complete the petition and plan for safety. The final hearing is where evidence and testimony decide whether a final injunction is entered, and a lawyer can help you prepare for it. Arturo R. Alfonso P.A. has represented Miami-Dade families in English and Spanish for 30 years and offers consultations on injunction cases.

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