You file a sworn petition, a judge can enter a temporary order the same day, and a full hearing is set within fifteen days where you carry the burden by clear and convincing evidence. In a domestic violence case the judge can give you exclusive use of a shared home. Section 741.30.
The kinds of injunction you can ask for
Florida recognizes five protective injunctions, and the right one depends on your relationship to the person and what happened. Domestic violence covers family or household members and people who have a child together. Dating violence covers a romantic relationship within the past six months. Repeat violence covers two incidents, one of them recent, between people who are not family. Sexual violence covers a sexual battery, a lewd act, or a similar offense. Stalking and cyberstalking cover repeated following, harassment, or threats, whether online or in person. There are also separate orders for risk protection and for the exploitation of a vulnerable adult.
I represent the person, not the type of case. I stand up for crime victims under Marsy’s Law, I represent injured people in their own civil cases, and I spend my days in the criminal courts, so I understand a protective injunction from every side it touches. If you need an order to feel safe, I prepare the petition, build the evidence, and stand with you at the hearing. Learn more about my background.
How you file
You start at the clerk of court with a sworn petition that describes the most recent incident and the history behind it. There is no filing fee for these protective injunctions in Florida, and you do not need the other person’s permission or knowledge to file. The more specific your account is, with dates, places, the words that were used, and any injuries, the stronger the petition reads to the judge.
The same-day temporary injunction
A judge can grant a temporary injunction the day you file, after reading your petition alone and without the other person present. It is meant to keep you safe in the short term, and it lasts until the full hearing. A temporary order can already require no contact and order the other person to stay away from your home, your work, and your children’s school.
The full hearing within fifteen days
The court sets a full hearing within fifteen days, and this is where it is decided whether the injunction becomes final. Both sides appear, and both can present evidence and testimony. Bring everything that supports you, including photographs, text messages and emails, call logs, medical records, and any witnesses who saw what happened or saw its effects. This hearing moves quickly and it is on the record, so preparation matters, and it is the part where having a lawyer helps the most.
What a final injunction can do
A final injunction can order no contact of any kind, require the other person to stay away from the places you named, and require the surrender of firearms and ammunition. In a domestic violence case where you share a home, the judge can award you exclusive use of that home and order the other person to leave, even if the home is in their name, and the court can also set temporary terms for shared children. A final injunction can last for a set period or until further order of the court, and it becomes part of a statewide record that law enforcement can see.
If the order is violated
An injunction is only as good as its enforcement, and Florida treats a violation seriously. If the other person contacts you or comes near you in violation of the order, call law enforcement, because violating an injunction is a crime in its own right, separate from whatever happened before. Keep a record of every violation, since that record supports both the criminal case and any request to extend or strengthen the order.
How I help petitioners
I draft the petition so it tells the judge what matters, I gather and organize the evidence the hearing will turn on, and I stand with you when you testify. Because I also handle the criminal side of these cases, I make sure the injunction and any criminal case work together rather than against each other. And because I came up through civil practice on the personal injury side, the rules these hearings run on, the depositions, the discovery, and the evidence, are familiar ground.
If you were the person served with a petition instead, that is the other side of this work, and here is how I defend against an injunction.
Common Questions
How fast can I get an injunction?
A judge can grant a temporary order the same day you file, based on your petition alone, and the court then sets a full hearing within fifteen days to decide whether it becomes final.
Do I need a lawyer to file?
No, you can file on your own. But the hearing moves quickly and is on the record, so a lawyer helps you organize the evidence, question the other side, and meet the standard the judge applies.
Is there a filing fee?
No. Florida does not charge a filing fee for these protective injunction petitions, and you are not required to post a bond.
Does the other person have to know before I file?
No. You can file without their knowledge, and a judge can enter a temporary order before they are ever served. They get their chance to respond at the full hearing.
If we share a home, who has to leave?
In a domestic violence case, the judge can give you exclusive use of a home you share and order the other person to leave, even if the home is in their name. Once they are served, they have to go, and law enforcement can help enforce it.
What happens if they violate the injunction?
Call law enforcement. Violating an injunction is a separate crime, and you should keep a record of every violation, since it supports both enforcement and any request to extend the order.
How long does an injunction last?
A final injunction can last for a set period or until the court changes it, depending on the type of case and what the judge orders.
