Overview of Injunctions for Respondents

Florida Injunctions for Protection

An injunction (sometimes referred to as a restraining order) is a court order that tells one person to stay away from and not contact another person. Unless the court order says otherwise, this means no contact by phone, email, text messages, letter, in person, or other method. An injunction can tell someone to stay away from the protected person's home, car, work, and any other places that the court feels is necessary. This is done in civil court, not criminal court. So, the person who requests the injunction keeps the case going. An injunction does not ask the court to put the other person in jail, but if a person violates an injunction, he or she may be arrested and face criminal charges.

I have been served with a notice of hearing and/or a temporary injunction, what do I do now?

If you have been served with a notice of an injunction hearing, please read the court order very carefully because it tells you what you CAN AND CANNOT DO before your hearing.

You may wish to contact an attorney, or the clerk’s office in your jurisdiction. The Office of Family Courts cannot provide legal advice. However, to inform respondents (people who have received a notice of injunction hearing) about the injunction process, the OFC has created a brochure for respondents that discusses many important issues. Additionally, the OFC has produced three videos available below 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.

What are some potential consequences for a person who has a final injunction issued against them?

• An injunction may require no contact, limited time-sharing with children, supervised time-sharing, the respondent to leave the residence, and/or pay support for the minor children and/or petitioner.
• Under both state and federal law, the respondent is prohibited from possessing firearms and ammunition.
• Law enforcement officers or anyone employed in a position that requires the use of weapons may be affected.
• The respondent’s current employment status or employment applications may be affected.
• Professional licenses may be affected.
• Entry into the military may be affected.
• Admission to schools, colleges, and universities may be affected.
• Violation of a final injunction may affect a resident alien’s application for citizenship and may result in deportation if the respondent is not a citizen.
• Final injunctions are enforceable in all fifty states and all U.S. territories under the Full Faith and Credit Clause.
• Violation of a final injunction may result in arrest and charge of a first-degree misdemeanor for each violation with a maximum sentence of one year under Florida law.
• If the respondent stalks the petitioner who has an injunction against him or her, the respondent may be charged with aggravated stalking, a third-degree felony.

Do I need to hire an attorney?

If you can hire an attorney to represent you in this process, you may wish to do so. 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. 

What if there is a criminal case related to this civil case?

If you are a respondent with a criminal charge or case about the same incident or a related incident, keep in mind that you have the right to not say anything at the injunction hearing. If you wish, you can agree to an injunction being entered without admitting the facts alleged. If you were arrested or if you have been notified that you have been charged with a crime, that case will be heard in criminal court. If you cannot afford an attorney, a public defender will be appointed to represent you in the criminal proceedings. But, the hearing for an injunction is a civil hearing about an injunction for protection only, so a public defender will not be appointed to represent you in that hearing. The hearing is completely separate from any criminal case. You should know that the hearing will be recorded and the state attorney can obtain a copy of the recording. Anything that you say can and will be used against you in your criminal case. If you have questions about this, you should seek the advice of an attorney.