A Florida judge can grant a temporary injunction for protection, commonly called a restraining order, at an ex parte hearing you never attend. If you have been served with a domestic violence injunction or another injunction, the fastest way to make your position worse is to violate it while you wait for the full hearing. You are the respondent, not a convicted defendant, and you have the right to be heard at that hearing. Contact a criminal defense attorney before it.
The Restraining Order Application Process
Whether you're in Orange, Broward, Palm Beach, or some other Florida county, the process for filing a restraining order is remarkably similar. The person filing the order is referred to as the petitioner, and the defendant is the respondent. In many cases, the restraining order results from an alleged offense, like domestic battery, but that's not always the case.
The petitioner can apply online or in person. In most cases, the court will award a temporary restraining order. This does not mean that you, as the respondent, are guilty of any crime. It's simply a document stating that you can be arrested for violating its terms. The court will provide the petitioner with an emergency service packet to give to the police to serve the respondent. Under Florida Statute 741.30(5)(c), an ex parte temporary injunction is effective for a fixed period of no more than 15 days, and the court must set the full hearing for a date no later than the day the temporary injunction expires. If the judge grants a final injunction at that hearing, Florida Statute 741.30(6)(c) says its terms remain in effect until the court modifies or dissolves them, so a final injunction has no built-in expiration date. If you have been served with a restraining order, it's to your benefit to hire a criminal defense lawyer before this hearing, even if you don't intend to fight it. Your attorney can help prevent you from offering information that can hurt any criminal cases pending against you.
Types of Restraining Orders
Florida has several types of restraining orders. The circumstances surrounding the offense determines the type of injunction:
Domestic Violence Injunction
A domestic violence injunction requires that the petitioner meets the legal definition of a domestic relationship with the respondent.
Repeat Violence Injunction
Florida Statute 784.046(1)(b) defines repeat violence as two incidents of violence or stalking by the respondent against the petitioner or the petitioner's immediate family member, at least one of which must have happened within 6 months of the date the petition was filed. Both incidents do not have to fall inside that 6-month window. Under Florida Statute 784.046(2)(a), a parent or legal guardian of a minor child living at home may file the petition on the child's behalf.
Dating Violence Injunctions
Florida Statute 784.046(1)(d) sets three factors for dating violence: a dating relationship must have existed within the past 6 months, the relationship must have been characterized by an expectation of affection or sexual involvement, and the parties must have interacted over time on a continuous basis. The statute expressly excludes violence in a casual acquaintanceship and violence between people who only fraternized in a business or social context.
Sexual Violence Injunctions
For the courts to issue a sexual violence injunction, the petitioner must be the alleged victim of sexual violence or seek a restraining order on behalf of a minor child who has been the alleged victim of a sex crime.
Stalking Injunctions
A stalking injunction under Florida Statute 784.0485 can be filed by a petitioner against anyone who has allegedly stalked them, whatever the relationship or dating history. Like the other injunctions, a parent or guardian can file it on behalf of a minor child.
Regardless of whether you agree with the type or terms of the restraining order, violating a restraining order can result in an arrest and additional criminal charges.
Florida Penalties for Violating a Restraining Order
Florida Statute 741.31(4)(a) makes a willful violation of a domestic violence injunction a first-degree misdemeanor, punishable by up to one year in county jail and a $1,000 fine. The conduct the statute lists includes refusing to vacate a shared home, going within 500 feet of the petitioner's residence, school or workplace, coming within 100 feet of the petitioner's motor vehicle, contacting the petitioner directly or through a third party, and refusing to surrender firearms or ammunition when the court has ordered it. An arrest also creates a criminal record and can support an extension of the injunction.
Florida Statute 741.31(4)(c), as amended by chapter 2026-86 effective July 1, 2026, makes it a third-degree felony when a respondent who already has one or more prior convictions for a crime of domestic violence or for violating an injunction then violates any injunction against the same victim. A third-degree felony carries up to five years in prison and a $5,000 fine. Under that paragraph a withheld adjudication or a plea of no contest still counts as a conviction. The earlier version of the statute required two prior convictions.
Under Florida Statute 784.048(4), a respondent who knowingly, willfully, maliciously and repeatedly follows, harasses or cyberstalks the petitioner after an injunction has been entered commits aggravated stalking, a third-degree felony punishable by up to five years in prison and a $5,000 fine.
Being Served With an Injunction
If you are served with the injunction, it's important that you don't argue or become confrontational with the police. In most cases, the officers serving the injunction will have no specific knowledge of the allegations against you, and you could end up hurting your position or even getting arrested. Do not violate the restraining order in an attempt to get the petitioner to withdraw the order. This can open you to a violation of a restraining order charge or a charge of witness tampering if there are pending criminal charges already against you.
Actions to Take if You've Been Served
If you've been served with a restraining order:
- Avoid any contact with the petitioner.
- Surrender any firearms and ammunition as the injunction directs. Under Florida Statute 790.233, having a firearm or ammunition in your care, custody, possession or control while a final domestic violence injunction is in force is a first-degree misdemeanor.
- Make arrangements through the local police department if you need to pick up clothing or other belongings from your home.
- Contact a criminal defense lawyer who has experience with getting restraining orders dismissed.
Do not fall victim to deception. Avoid contact even if the petitioner says that they will meet with you. It's not uncommon for a petitioner to set up a respondent by inviting them to meet to discuss the underlying issues, only to have them arrested for violating a restraining order.
Frequently Asked Questions About Restraining Orders
A Florida injunction hearing is a civil proceeding, but what you say in it can be used against you in a criminal case arising from the same incident. That is the main reason to have counsel before you appear. If you are looking for practical steps on how to fight a restraining order, start by reading the petition line by line and writing down what you can prove about each allegation, then take that to a criminal defense attorney.
Is There a Difference Between a Restraining Order and an Injunction?
The term restraining order and injunction are often used interchangeably in criminal law. However, many types of injunctions have nothing to do with criminal law. Suffice it to say that all restraining orders are a type of injunction, but not all injunctions are restraining orders.
Is a Permanent Injunction Really Permanent?
A final domestic violence injunction in Florida does not expire on its own. Florida Statute 741.30(6)(c) provides that its terms remain in effect until the court modifies or dissolves them, and Florida Statute 741.30(10) lets either the petitioner or the respondent move to modify or dissolve it at any time, with no specific allegations required. A temporary injunction is different: under Florida Statute 741.30(5)(c) it lasts no more than 15 days and ends unless the judge enters a final injunction at the full hearing.
Can I Get an Injunction Dismissed?
The full hearing is the point at which the injunction is decided, which is why nothing you do beforehand should give the petitioner more to testify about. If the judge enters a final injunction, it stays in place until the court modifies or dissolves it under Florida Statute 741.30(6)(c). Either party can file a motion to dissolve under Florida Statute 741.30(10), but only the judge can end it. A petitioner asking the court to drop the injunction does not by itself dissolve it.
Talk to a Florida Restraining Order Attorney
Ask any lawyer you are considering how many injunction hearings they have handled in the county where your case is set, because local practice on evidence and continuances varies. If you are not represented, contact a restraining order attorney before your hearing date.
