If you are afraid someone is going to hurt you, call 911. You can also reach the National Domestic Violence Hotline anytime, day or night, at 1-800-799-7233.
Your safety comes first. If you are in immediate danger, call 911. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. This page explains how injunctions for protection work in Florida civil court; it is not a substitute for emergency help.
If You Are in Danger Right Now
Florida's injunction for protection process exists alongside, not instead of, emergency help. Law enforcement can make an arrest and a judge can issue an emergency injunction outside normal business hours in urgent situations. If you need to leave a location safely, or you are unsure what to do next, 911 and the National Domestic Violence Hotline (1-800-799-7233) are the fastest paths to immediate safety planning.
What Is a Protective Order (Injunction) in Florida?
What most people call a "protective order" or "restraining order," Florida law calls an injunction for protection. It is a civil court order, separate from any criminal case, that restricts one person's contact with or proximity to another. Florida recognizes five kinds, each with its own statute:
- Injunction for protection against domestic violence, Fla. Stat. 741.30
- Injunction for protection against repeat violence, Fla. Stat. 784.046
- Injunction for protection against dating violence, Fla. Stat. 784.046
- Injunction for protection against sexual violence, Fla. Stat. 784.046
- Injunction for protection against stalking (including cyberstalking), Fla. Stat. 784.0485
Which one applies depends on the relationship between the parties and the type of conduct involved, not on which term you search for.
What Do Florida Injunction Statutes Cover?
Fla. Stat. 741.30 covers domestic violence, meaning violence between family or household members, defined broadly to include spouses, former spouses, people related by blood or marriage, people who currently or formerly lived together as a family, and people who have a child in common. There is no requirement that the parties were ever married.
Fla. Stat. 784.046 covers three related but separate causes of action: repeat violence (two incidents of violence or stalking, at least one within 6 months of filing), dating violence (violence in a relationship with an expectation of affection or sexual involvement, existing within the past 6 months), and sexual violence (a single incident such as sexual battery or certain other sexual offenses, regardless of whether criminal charges were filed).
Fla. Stat. 784.0485 covers stalking, and explicitly states that cyberstalking is treated as stalking for purposes of an injunction.
None of these statutes require either party to hire an attorney, and none allow the court to charge a filing fee for a domestic violence or stalking petition.
No Contact Order vs. Injunction in Florida
These two terms get used interchangeably online, but they come from different parts of the legal system. A no contact order is typically a condition a criminal court judge attaches to a defendant's bond or sentence in a criminal case, barring contact with the alleged victim. It exists because of, and only for the life of, that criminal case.
An injunction for protection is a civil case a victim starts on their own by filing a petition, whether or not any criminal charges were ever filed. It can run alongside a criminal case, or exist entirely on its own.
How Do You Get an Emergency (Ex Parte) Injunction?
If the court finds an immediate and present danger of domestic violence based on the petition, Fla. Stat. 741.30(5)(a) allows a judge to grant a temporary injunction ex parte, meaning before the respondent is served or has a chance to respond. That temporary order can restrain the respondent from committing further acts of violence, grant the petitioner exclusive use of a shared home, and, on the same basis as Fla. Stat. 61.13, set a temporary parenting and time-sharing arrangement for shared children.
An ex parte temporary injunction is effective for a fixed period of no more than 15 days, and the statute requires a full hearing to be set before that period runs out.
What Happens at an Injunction Hearing?
At the full hearing, both the petitioner and the respondent can appear, testify, and present evidence. The judge decides whether the petitioner has proven the legal standard for the type of injunction requested (being a victim of, or having reasonable cause to believe they are in imminent danger of, the specific type of violence alleged). Based on that finding, the judge can grant, extend, modify, or deny the injunction. If a domestic violence injunction is entered, Fla. Stat. 741.30 requires the final judgment to state on its face that it is a crime under Fla. Stat. 790.233 for the respondent to have a firearm or ammunition.
Permanent Injunction vs. Temporary Injunction
A temporary injunction, including an ex parte one, is short term by design and is meant to bridge the gap until a full hearing can happen. A final injunction, entered after a hearing where both sides had notice and an opportunity to be heard, can remain in effect for a period the court sets, and Florida courts can extend an injunction if a continued threat is shown. Whether an injunction in your case is time limited or open ended is decided at the hearing, based on the specific facts and the type of injunction involved; confirm the terms and any expiration date on your own order with the clerk of court or a family law attorney.
Cyberstalking Injunctions in Florida
Fla. Stat. 784.0485 folds cyberstalking into the stalking injunction statute rather than treating it as a separate cause of action. That means a pattern of unwanted contact carried out through text messages, social media, email, or other electronic communication can support a stalking injunction petition on the same legal standard used for in-person stalking.
As with domestic violence petitions, there is no filing fee for a stalking injunction petition, and no bond is required.
How Do You File an Injunction Petition in Florida?
The Florida Supreme Court publishes approved petition forms for each type of injunction, in the Family Law Form 12.980 series, including the Petition for Injunction for Protection Against Domestic Violence.
You file the petition with the clerk of the circuit court where you live, where the respondent lives, or where the violence occurred. There is no minimum residency period required to petition for an injunction for protection in Florida.
Clerks are required by statute to provide simplified petition forms, help completing them, and information about safety and privacy during the process. If you are unsure which form or type of injunction fits your situation, the clerk's office or a domestic violence advocate can help you sort that out before you file.
Frequently Asked Questions
What is a protective order in Florida?
Florida law does not use the term "protective order." It uses "injunction for protection." Depending on the relationship and facts, you can petition for an injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, or stalking (which includes cyberstalking). Each has its own statute and its own standing requirements.
What is a no contact order in Florida?
A "no contact order" in Florida usually refers to a condition set in a criminal case, ordered by a judge as part of bond or sentencing, that bars a defendant from contacting the victim. An injunction for protection is a separate, civil process a victim files on their own, in circuit court, and it can exist whether or not a criminal case is filed.
How do I get an emergency injunction in Florida?
You file a verified petition in circuit court. If the judge finds an immediate and present danger of violence, Fla. Stat. 741.30 lets the court grant a temporary injunction ex parte, meaning before the other person is notified or has a chance to respond. That temporary injunction lasts up to 15 days, and a full hearing has to be set before it expires.
What happens at a Florida injunction hearing?
Both the petitioner and the respondent can appear and present evidence. The judge decides whether the legal standard for the type of injunction sought (domestic violence, repeat violence, dating violence, sexual violence, or stalking) is met, then decides whether to enter, extend, deny, or modify the injunction. Neither side is required to have an attorney at the hearing.
What is a cyberstalking injunction in Florida?
Fla. Stat. 784.0485 treats cyberstalking as a form of stalking for injunction purposes. The same statute that covers stalking injunctions covers conduct carried out through electronic communication, so a pattern of unwanted texts, messages, or online contact that causes substantial emotional distress can support a stalking injunction petition.
Is there a filing fee for an injunction for protection in Florida?
No. Fla. Stat. 741.30 and Fla. Stat. 784.0485 both prohibit charging a filing fee for a petition for an injunction for protection against domestic violence or stalking. No bond is required either.
Does Virdix handle Florida restraining orders or injunctions?
No. Virdix currently prepares forms for uncontested, simplified divorce in Florida. It does not prepare injunction for protection petitions or handle domestic violence, repeat violence, dating violence, sexual violence, or stalking cases. See what Virdix covers in Florida for the current scope.
What Virdix Covers in Florida
Virdix currently prepares forms for uncontested, simplified divorce in Florida. It does not prepare injunction for protection petitions and does not handle domestic violence, repeat violence, dating violence, sexual violence, or stalking cases. If you are looking for the Florida Family Law Rules of Procedure forms Virdix does prepare, see what Virdix covers in Florida.
This article is for informational purposes only and does not constitute legal advice. If you are in danger, call 911. Virdix is a document preparation service, not a law firm, and does not provide legal advice. Statutes and procedures can change; always confirm current information with the Florida Courts, the Florida Statutes, or your circuit court clerk. For advice about your specific situation, consult a licensed Florida attorney.
Sources: Chapter 741 and Chapter 784, Florida Statutes, Sections 741.30, 784.046, and 784.0485 (leg.state.fl.us), Florida Courts Family Law Forms 12.980 Series (flcourts.gov)