Common Questions: Restraining Orders in Florida
June 9, 2026
Whether filing a restraining order or being served, you must understand your legal rights. Read on to learn everything you need to know about restraining orders in Florida.
What are Domestic Violence Injunctions?
If you are in immediate danger of domestic violence, please call 911.
Anyone who has been the victim of any act of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence can file a petition for a domestic violence injunction, also known as a restraining order. A petitioner may seek restraining orders for protection from:
Domestic Violence
Domestic violence between “family or household members,” which is defined as spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family, or who have resided together in the past as if a family, and persons who are parents of a child in common, regardless of whether they have been married. Except for co-parents, these individuals must live or have lived in the same home.
Repeat Violence
Repeated acts of violence or stalking need two independent instances. One of which must have occurred within the previous six months, directed at the Petitioner or the Petitioner’s family members.
Sexual Violence
Sexual battery, lascivious actions perpetrated on or in the presence of a person younger than 16, luring or tempting a child, sexual performance by a child, or any other forceful felony in which a sexual act is committed or attempted are all examples of sexual violence.
Dating Violence
Violence between individuals with a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:
- A dating relationship must have existed within the past 6 months;
- The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
- The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.
- It excludes casual acquaintances or ordinary interactions in business and social settings.
Stalking
The repeated following, harassment or cyberstalking of one person by another is known as stalking.
How to file restraining orders in Florida?
You can file the Petition for Injunction at any courthouse location. You do not need to hire an attorney to file restraining orders in Florida. However, you should hire an attorney because courts cannot give legal advice.
Where can I find the forms for domestic violence?
Forms for petitioners and respondents are available through the Clerk of Court. The forms can also be found on the Self-Help Forms page of the Florida Supreme Court.
What happens after I file the petition for a restraining order?
The process begins as soon as you file a petition for an injunction. The courthouse staff will assist you in completing all required papers, which a judge will then review. If the paperwork meets legal standards, the judge will issue a 15-day Temporary Injunction. The court schedules a hearing within 15 days, and the Sheriff serves the paperwork.
Contact
The respondent may be ordered to have no contact with the petitioner, to stay away from the petitioner’s home and employment, to award custody, visitation, child and spousal support, and to surrender firearms under the Permanent Injunction. Judges can order intervention programs for respondents and counseling support for victims.
Permanent Injunction
If the respondent has been served, the judge will decide whether to grant a Permanent Injunction after hearing from the parties and witnesses and considering any evidence provided during the court hearing. If the judge grants a Permanent Injunction, it will remain in effect until the judge changes or ends it at either party’s request, after notice and hearing, or until a certain date designated by the judge.
Do domestic violence centers and hotlines provide direct legal services to survivors?
Domestic violence centers and hotlines do not directly provide legal representation to survivors. Instead, they serve as vital points of contact, offering support, information, and referrals. If you need assistance with legal matters, such as filing for an injunction or navigating court procedures, these centers and hotlines can connect you with qualified, Florida Bar-licensed attorneys who specialize in helping survivors of domestic violence. While they do not act as lawyers themselves, their role in facilitating access to legal help and support services is a crucial resource for those in need.
Is there a legal hotline for survivors seeking answers about injunctions, divorce, and related matters?
Yes, survivors seeking legal guidance on topics such as injunctions for protection, divorce, custody, housing, or immigration can reach out to a dedicated legal hotline run by The Spring of Tampa Bay. The hotline connects callers with attorneys who can answer questions and provide information at no cost to survivors. You can contact this resource by calling 1-800-500-1119, extension 3. While this hotline is not affiliated with the courts or the Office of the State Courts Administrator, it is a valuable resource for those navigating these challenging circumstances.
What types of informational brochures and evidence guides are available for petitioners?
If you’re considering filing for a restraining order or simply want to better understand your rights and the process, a variety of helpful guides are available. Petitioners can access general information brochures that outline the restraining order process, what to expect at each step, and their responsibilities throughout.
Additionally, there are evidence guides designed specifically for petitioners. These resources walk you through gathering and presenting the documentation or proof you may need, such as photos, text messages, or witness statements. Many courthouses and clerk’s offices have printed copies on hand, and several guides are also available online. Check your county clerk’s website or reputable legal resources such as FloridaLawHelp.org or the Florida Bar’s consumer pamphlets for up-to-date information.
Taking a few minutes to review these booklets and evidence guides can equip you with the knowledge you need before moving forward.
Where can individuals find safety planning, shelter, and other services related to domestic violence?
If you are concerned about your safety or need a place to stay because of domestic violence, there are resources available to help. In Florida, you can contact the Florida Domestic Violence Hotline at 1-800-500-1119 or TDD (800-621-4202) for confidential support. Advocates are available around the clock to assist with safety planning, shelter referrals, crisis counseling, and connecting you with local programs that offer additional services. If you are in immediate danger, call 911.
What is the HOPE Card program and who is eligible for it?
The HOPE Card program is a recent initiative introduced by the Florida Legislature to help individuals who have obtained a final injunction for protection, such as a restraining order, keep important information easily accessible. Think of the HOPE Card as a convenient, wallet-sized summary of your injunction, a card you can carry or even access digitally, containing key details about your protection order.
Eligibility
Eligibility for the HOPE Card is straightforward: If you have been granted a final injunction for protection against domestic violence, stalking, repeat violence, sexual violence, dating violence, or abuse or exploitation of an elderly person or disabled adult, you may apply for this card. You can request a HOPE Card from the Clerk of Court in the county where your original petition was filed, at any point after your injunction is finalized and before it expires. The card is issued free of charge, making it easier for you to provide official proof of your protective order whenever needed, whether you’re interacting with law enforcement, your child’s school, or other organizations.
For further details about how to apply for a HOPE Card or what information will appear on it, contact your local Clerk of Court office or visit their website for the most current instructions.
Do I have to pay any costs in order to obtain a restraining order?
No. Petitioners for restraining orders in Florida do not have to pay any filing fees.
What is the duration of an injunction?
The length of an injunction varies depending on the circumstances. Make sure you read and comprehend your injunction (temporary or final) order thoroughly. You can ask for an extension of your injunction by submitting a motion for an extension before it expires.
What to do if the respondent fails to comply with the injunction order?
If the respondent fails to comply with the court order, report the violation to 911 and request immediate assistance. You can also submit the Injunction Violation Affidavit at any courthouse location.
What is an injunction violation?
Injunction violation occurs in the event that the respondent refuses to leave and/or stay away from a place of residence, goes to the petitioner and/or any designated family or household member, commits domestic abuse against the petitioner, commits any other violation against the petitioner through a deliberate unlawful threat, word, or act of violence, or refuses to dispose of or surrender any firearms.
How can I get an injunction lifted or dismissed?
The petition will be dismissed, and no final injunction will be awarded if the petitioner fails to appear for the final hearing after an interim injunction has been ordered. You, as the petitioner, have the option to dismiss the petition voluntarily. You will have the opportunity to express your case at the hearing if you are the respondent. A Petitioner or Respondent may apply to dissolve a final injunction at any time after it has been imposed.
How can I change/modify the injunctive order's custody, visitation, and/or child support provisions?
To alter custody, visitation, or support due to changed circumstances, you must file a motion.
A notice of injunction and hearing was just served on me. What do I do now?
It is advisable to read and follow the terms of the injunction and to contact an attorney immediately. You will have the right to present evidence and defend against the injunction at the hearing date, which is contained in the order. Contact an attorney quickly to ensure you have enough time to prepare. Always attend court appearances; missing a date can result in a permanent injunction by default.
Local Support Centers and Hotlines for Domestic Violence Survivors
If you or someone you know is experiencing domestic violence, help is available throughout Florida. Every county has dedicated support centers offering confidential shelter, counseling, and resources for survivors.
Statewide Hotlines
- Florida Domestic Violence Hotline: Call or text 1-800-500-1119 for immediate assistance.
- TDD Access: 1-800-621-4202
- Florida Relay for the hearing impaired: 711
County Support Centers
No matter where you are in Florida: Gainesville or Miami, Bartow or Fort Walton Beach, you’ll find organizations standing ready to help. Some of the leading support centers across the state include:
- Peaceful Paths (Alachua, Bradford, Union): Safe shelters and advocacy for those in need.
- Hubbard House (Baker, Duval, Jacksonville): 24/7 helpline and comprehensive survivor support.
- Serene Harbor (Brevard): Emergency housing and outreach services.
- Women in Distress (Broward): Crisis intervention and community education.
- The Shelter for Abused Women and Children (Collier): Secure shelter and legal advocacy.
- Favor House (Escambia, Santa Rosa): Temporary sanctuary and counseling.
- CASA Pinellas (Pinellas): Support groups and empowerment programs.
- Help Now (Osceola): Emergency response and child advocacy.
There are dozens of similar centers statewide, including The Spring of Tampa Bay (Hillsborough), Safe Place and Rape Crisis Center (Sarasota), Refuge House (Leon, Taylor, Madison, Jefferson), Hope Family Services (Manatee), and SafeSpace (Indian River, Martin, St. Lucie). If you’re in a rural area or a big city, resources are available nearby.
Important Note
While these centers and hotlines offer vital emotional and practical support, they do not directly provide legal representation. However, they can connect survivors with qualified Florida attorneys and additional community resources.
Get the Protections You Need with Legal Eagles
An injunction is frequently based on a criminal offense. Because both criminal and family law issues are involved, it is critical to select an attorney who is well-versed in both. Legal Eagles attorneys are experienced in all aspects with a combined experience of over 45 years. We have the ability and resources to handle complex disputes, including complicated restraining order issues. Contact us to learn more.