Overview of Available Protective Injunctions

In Florida, five different types of protective injunctions are available:

• Domestic Violence 
• Sexual Violence 
• Dating Violence 
• Repeat Violence 
• Stalking

How do you know which of Florida's five injunctions for protection you need?

How are all petitions for an injunction for protection alike?

• The victim is known in court as the petitioner; the other party is the respondent.
• The petition must be sworn. This means signed in front of a notary or court clerk.
• The judge may issue a temporary injunction to petitioner before a hearing is held.
• The temporary injunction stays in effect until a hearing with both parties can be held.
• The temporary injunction must be served on respondent (usually by the Sheriff).
• A hearing may still be held even if there is no temporary injunction.
• The respondent must be given notice of any hearing.
• Each party may bring witnesses to testify for them at the hearing.
• The judge may issue a final, or permanent injunction after a hearing with both parties.
• Unless it is for a certain time, an injunction stays in effect until the court changes it.
• There are penalties if respondent violates the injunction.

How are they different?

Domestic Violence:

• Petitioner and respondent must be family or household members who are or were living together in the same, single dwelling unit unless they have a child together.
• Parents of a child in common do not have to have married or lived together.
• Petitioner must show that he or she is a victim of domestic violence OR reasonably believes that he or she is in immediate danger of becoming a victim.
• Protects adults from violence or contact, terms may include children.
• Petitioner may be allowed to live in shared dwelling while respondent must leave.
• Respondent may be barred from petitioner’s residence or a shared dwelling.
• Petitioner may have the children 100% of the time on a temporary basis.
• Petitioner and/or children may receive support on a temporary basis.
• A temporary injunction may require respondent to surrender guns and ammunition.
• A permanent injunction must require respondent to surrender guns and ammunition.
• Respondent may be ordered to attend a Batterers’ Intervention Program (BIP).

Stalking:

• Requires at least two incidents of stalking or cyberstalking.
• Either victim, or parent or guardian of minor child living at home, may file petition.
• Protects adults and minor children from further stalking or cyberstalking.
• A temporary injunction may require respondent to surrender guns and ammunition.
• A permanent injunction must require respondent to surrender guns and ammunition.
• Respondent may be ordered to get treatment at his or her own expense.

Dating Violence:

• Requires a dating relationship within the past 6 months.
• The relationship must have an expectation of affection, not a casual relationship.
• Petitioner must show that he or she is a victim of dating violence and has reasonable fear he or she is in immediate danger of become a victim again OR reasonably believes that he or she is in immediate danger of becoming a victim of dating violence.
• Either victim, or parent or guardian of minor child living at home, may file petition.
• Protects adults and minor children from further violence or contact.
• Respondent may be ordered to surrender guns and ammunition.

Repeat Violence:

• Requires at least two incidents of violence or stalking by respondent on petitioner or an immediate family member; one must be within past 6 months.
• Petitioner must fear repeat violence by respondent.
• Either victim, or parent or guardian of minor child living at home, may file petition.
• Protects adults and minor children from further violence or contact.
• Respondent may be ordered to surrender guns and ammunition.

Sexual Violence:

• Sexual violence includes: sexual battery; a lewd or lascivious act upon or in presence of a person younger than 16; luring or enticing a child; sexual performance by a child.
• Petitioner must cooperate with law enforcement after reporting sexual violence.
• Protects petitioner from respondent who was jailed for the sexual violence against petitioner and whose prison term has expired or is due to expire within 90 day.
• Either victim, or parent or guardian of minor child living at home, may file petition.
• Protects adults and minor children from further violence or contact. 
• Respondent may be ordered to surrender guns and ammunition.

How do I proceed?

If you wish to obtain an injunction against someone or have questions about your unique circumstances, please contact an attorney or the clerk’s office in your jurisdiction. The Office of Family Courts cannot provide legal advice. However, to inform petitioners about the injunction process, the OFC has created a brochure for petitioners that discusses many important issues. Additionally, the OFC has produced these three videos that discuss the injunction process and what to expect at a domestic violence injunction hearing. These videos can provide additional information about what to expect while involved in the domestic violence process.

A Guide to Injunctions for Protection

All court scenes are portrayals of hypothetical scenarios.

This Domestic Violence Checklist for Litigants was also created to accompany the videos above, and offers further information about the domestic violence process.

How can I find an attorney to help me?

If you are considering hiring an attorney, you may want to visit the Florida Bar website for information about lawyer referrals.

If you cannot afford an attorney, you may wish to explore the assistance of legal aid services.

Or, you may wish to represent yourself. If that is the case, you may consider visiting a local self-help center or law library. Additionally, there are Florida Supreme Court approved forms for each of the injunction types, and each form has instructions and guidance on how to complete and file them.

The Injunction for Protection Project provides free legal assistance to survivors of domestic, dating, sexual violence and stalking in the counties listed below. For more information or to be connected to a local attorney, please contact the Florida Domestic Violence Hotline.

Florida Domestic Violence Hotline - Call or Text 1-800-500-1119

1-800-621-4202 (TDD)

Florida Relay 711

Neither the domestic violence centers, nor the domestic violence hotline, themselves, provide legal services to survivors. The centers and the hotline act only as an intermediary to refer survivors to Florida-bar licensed attorneys who provide the legal services.

The Injunction for Protection Project is supported by contracts awarded by the Office for Victims of Crime, Office of Justice Programs and is sponsored by the listed domestic violence centers and the State of Florida.

In accordance with federal law and U.S. Department of Justice policy, this organization is prohibited from discriminating on the basis of race, color, national origin, religion, sex, age, or disability. To file a complaint of discrimination, write the Department of Legal Affairs, Federal Discrimination Complaint Coordinator, PL-01, The Capitol, Tallahassee, Florida, 32399-1050, or call 850-414-3300, or write Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, NW, Washington, DC 20531 or call 202-307-0690 (Voice) or 202- 307-2027 (TDD/TTY) or http://ojp.gov/about/ocr/complaint.htm. Individuals who are hearing impaired or have speech disabilities may also contact OCR through the Federal Relay Service at 800-877-8339 (TTY), 877-877-8982 (Speech), or 800-845-6136 (Spanish).