An injunction for protection, what many folks call a restraining order, is a civil court order that can upend your life in a matter of days. It can order you to stay away from another person, leave your own home, give up your firearms, and stay out of contact, and it can shape a divorce or a custody case at the same time. Florida has several kinds, each with its own statute and its own proof, and they all move on a fast timeline that favors the person who filed first.
This page is written for the respondent, the person on the receiving end of the petition. Many of these cases are filed with a real fear behind them, and many others are exaggerated or used to gain an edge in a family dispute, and the hearing is where that gets sorted out. Because an injunction so often rides alongside a criminal case built on the same facts, defending it well means protecting both at once. I handle these hearings across the Tampa Bay area and Florida’s Gulf Coast, in Pinellas, Hillsborough, Pasco, Manatee, Sarasota, and DeSoto counties.
Also facing a criminal charge? This page covers the civil injunction. If you were also arrested for domestic violence, see how the injunction fits into the criminal case in Domestic Violence Defense.
The Injunctions Florida Recognizes
There is no single restraining order in Florida. There are several distinct injunctions, and which one applies depends on the relationship between the parties and the conduct alleged. Each has its own page here with the elements, the proof, and the defenses.
A court can enter a temporary injunction the day the petition is filed, after hearing only the petitioner, and it sets the full hearing within fifteen days, so once you are served you may have only days to prepare.
| Injunction | Statute | What it takes to get one |
|---|---|---|
| Domestic violence | 741.30 | A family or household relationship and an act of domestic violence, or reasonable fear of imminent domestic violence |
| Repeat violence | 784.046 | Two incidents of violence or stalking, one within the last six months |
| Dating violence | 784.046 | Violence between people in a recent, continuing romantic or intimate relationship |
| Sexual violence | 784.046 | One incident of sexual battery or a related sexual offense, regardless of criminal charges |
| Stalking and cyberstalking | 784.0485 | Two or more acts of following, harassing, or cyberstalking causing substantial emotional distress |
| Exploitation of a vulnerable adult | 825.1035 | Exploitation, or the threat of it, of a person 65 or older or a disabled adult |
| Risk protection order | 790.401 | A law enforcement petition and clear and convincing evidence of significant danger from firearms |
Every injunction except the risk protection order is filed by the alleged victim. The risk protection order is filed only by law enforcement. Violating any of them is a separate crime.
Defending the respondent fits my practice for two reasons. I handle the criminal cases that so often run alongside an injunction, from domestic violence battery to stalking, so I can coordinate both rather than let a fast injunction hearing damage the criminal case. And I came up through civil practice on the personal injury side, so the civil rules these hearings run on, the depositions, the discovery, and the evidence, are familiar ground. Where another lawyer is the better fit, I will say so and refer it. Learn more about my background.
Are you the one seeking protection? I represent petitioners too. Here is my guide on how to get an injunction for protection in Florida.
Defending the Charges
Each injunction type, the hearing itself, and the crime of violating an order are covered on their own pages.
Civil Order, Serious Consequences
People sometimes relax when they hear the word civil, and that is a mistake. There is no jail for the order itself, but a final injunction can cost you your firearms under both state and federal law, and it becomes a public record that cannot be sealed or expunged even if a judge later finds the allegations unproven. It can force you out of your home, limit contact with your children, and follow you through background checks for jobs, housing, and professional licenses. For a non-citizen it can carry immigration consequences.
The other half of the danger is the parallel criminal case. An injunction hearing happens fast and under oath, often before the criminal case has taken shape, and what a respondent says there can hand the State evidence it did not have. That is the heart of why a criminal defense lawyer belongs on an injunction case: the two tracks have to be defended together.
How These Cases Are Defended
The first move is almost always to slow the case down. A respondent served a few days before a hearing is at a disadvantage, and a continuance buys the time to take the petitioner’s deposition, gather records and witnesses, and investigate the history between the parties. Florida runs these hearings under the Family Law Rules of Procedure, which means real discovery is available, depositions, interrogatories, production, and the rest.
From there the defense goes at the proof. Each injunction has specific elements the petitioner must establish, and many petitions do not meet them: a single incident where the law requires two, fear that is not objectively reasonable, or a relationship that does not qualify. Where the petition is being used to gain an edge in a divorce or custody fight, that motive can be exposed. And throughout, the criminal exposure is managed so that defending the injunction never feeds the criminal case.
Common Questions
What is an injunction for protection in Florida?
It is a civil court order, often called a restraining order, that can require you to stay away from another person, leave a home, give up firearms, and more. Florida has several kinds, including domestic violence, repeat violence, dating violence, sexual violence, stalking, exploitation of a vulnerable adult, and risk protection orders. They are civil, but the consequences are serious and violating one is a crime.
Is an injunction the same as a criminal charge?
No, and that distinction matters. An injunction is a civil order, so there is no jail sentence for the order itself and no criminal conviction. But it carries firearm loss, a permanent public record that cannot be sealed, and effects on work, housing, and custody, and it often runs alongside a criminal case built on the same facts. Violating the order is a separate crime.
How fast does this move?
Very fast. A court can issue a temporary injunction the day the petition is filed, after hearing only the petitioner, and it sets a full hearing within fifteen days. Once you are served you may have only days to prepare, which is why getting counsel quickly matters so much.
Why hire a criminal defense lawyer for a civil injunction?
Because the two are tied together. What you say under oath at the injunction hearing can be used against you in a parallel criminal case, and an order entered against you can shape that case. A lawyer who handles both can protect the criminal case while defending the injunction, instead of winning one and losing the other.
Can I get an injunction dismissed or dropped?
Sometimes. At the hearing the court can deny or dissolve the petition, and many petitions are exaggerated or filed to gain an edge in a divorce or custody dispute. Even after an order is entered, you can move to modify or dissolve it, though you should never contact the petitioner directly to ask, because that can be a violation and a new crime.
Related: Domestic violence defense, Violent crimes, The injunction hearing, and About Rory Safir.
In the News
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Injunctions for protection are civil proceedings governed by chapters 741, 784, 825, and 790, Florida Statutes, and the Florida Family Law Rules of Procedure, and the law can change, so it should be confirmed against current statutes and rules. Violating an injunction is a separate criminal offense. Every case turns on its own facts, and past results do not guarantee a similar outcome.
