Domestic-violence cases in Florida move fast and the stakes are extraordinary. A protective injunction can affect where you live, whether you see your children, whether you can possess firearms, and your immigration, employment, and professional licensing status — sometimes permanently. Whether you need protection or are defending against allegations, you should have experienced family- law counsel from the first hearing.
The Five Types of Florida Injunctions
Florida law provides five distinct protective injunctions, each with its own elements and procedure:
- Domestic violence injunction(§741.30) — between spouses, former spouses, people related by blood or marriage, people who have a child in common, or people who currently or formerly lived together as a family.
- Dating violence injunction(§784.046) — between people in a significant romantic relationship within the prior 6 months.
- Sexual violence injunction(§784.046) — regardless of the relationship between the parties, when there has been a qualifying sexual offense.
- Repeat violence injunction(§784.046) — two incidents of violence or stalking within 6 months, with at least one incident within the prior 6 months.
- Stalking injunction(§784.0485) — a course of harassment or cyberstalking.
How the Process Works
- Petition. The petitioner files a sworn petition in the circuit court describing the specific acts justifying an injunction. No filing fee is charged for a §741.30 petition.
- Temporary (Ex Parte) Injunction. If the petition shows an immediate and present danger, the judge can issue a temporary injunction the same day, without the respondent present. It remains in place for up to 15 days.
- Service. The respondent is served by a deputy and ordered to appear at the full hearing.
- Full Hearing. Usually within 15 days of the temporary order. Both sides present evidence and witnesses. The judge decides whether a final injunction will issue and, if so, for how long.
- Final Injunction. The final injunction can be in place for a set duration or indefinitely, subject to later motions to modify or dissolve.
What an Injunction Can Do
A Florida injunction for protection can:
- Prohibit all contact between the parties (in person, phone, text, social media, through third parties)
- Exclude the respondent from a shared residence
- Establish temporary time-sharing for shared children
- Award temporary exclusive use of a shared vehicle
- Order child support and/or spousal support on a temporary basis
- Require the respondent to surrender firearms and ammunition
- Order the respondent to complete a Batterers' Intervention Program or substance-abuse treatment
- Award temporary attorney's fees
Collateral Consequences
Even a civil injunction carries consequences that often surprise respondents:
- Federal firearms prohibitionunder 18 U.S.C. §922(g)(8) — possessing any firearm or ammunition while subject to a qualifying injunction is a federal felony.
- Immigration consequences for non-citizens, including grounds for removal.
- Security-clearance review for military, defense-contractor, and federal-employee respondents.
- Professional licensure issues for nurses, teachers, attorneys, and others.
- Employment— many employers run background checks that will show an active injunction.
- Housing— landlords conducting background checks may refuse to rent.
If You Are Seeking Protection
I will help you file the petition, assemble corroborating evidence (photos, medical records, text messages, witness statements, police reports), and testify effectively at the final hearing. In parallel, if you are filing for divorce or paternity, I can coordinate the injunction with the broader family-law case so that time-sharing and support are addressed properly.
If You Are Defending Against Allegations
Not every petition describes what actually happened. Some petitions are weaponized in anticipation of divorce or custody litigation to create leverage. A weak or exaggerated petition, properly challenged, should be denied. I will:
- Review the petition for statutory sufficiency
- Gather your text messages, call logs, and witness statements
- Prepare you for direct examination and cross
- Cross-examine the petitioner at the final hearing
- File motions to modify or dissolve if an injunction is entered based on incomplete evidence
Violations of an Injunction
A violation of an injunction is a first-degree misdemeanor(or higher on subsequent violations). Violations carry immediate arrest and additional criminal charges. Because even inadvertent contact can violate an injunction, respondents need clear guidance on what they can and cannot do.
How I Can Help
For a confidential consultation, call 904-858-4334 or contact me online.

