How to Get a Restraining Order in Florida
In Florida these are called Injunction for Protection Against Domestic Violence (and repeat, dating, sexual violence and stalking injunctions). A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for Florida
- Cost
- No filing fee may be charged for a domestic violence injunction petition. Injunctions are served by the sheriff or law enforcement; the statute provides for clerks to pay law-enforcement service fees from a state reimbursement. Fla. Stat. § 741.30(2)(a)
- Emergency / temporary orders
- If there is an immediate and present danger of domestic violence, the court can grant a temporary injunction ex parte (without the respondent present). It lasts up to 15 days, until the full hearing. Fla. Stat. § 741.30(5)(a),(c)
- How long an order lasts
- The order restraining the respondent from domestic violence and other protective terms stay in effect until a court modifies or dissolves them; either party can ask at any time. Fla. Stat. § 741.30(6)(a),(c), (10)
- Where to ask
- File a verified petition in circuit court where you currently or temporarily live, where the respondent lives, or where the violence occurred. There is no minimum residency requirement. Fla. Stat. § 741.30(1)(j), (2)(c), (3)(b)
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | Injunctions for protection against domestic violence, repeat violence, dating violence, sexual violence and stalking, each available as a temporary (ex parte) injunction and a final injunction after a hearing. Stalking injunctions (s. 784.0485) not separately read. Source: Fla. Stat. §§ 741.30, 784.046 |
|---|---|
| Who can ask for an order | A domestic violence injunction is for family or household members: a spouse or former spouse, a person related by blood or marriage, a person who lives or lived with you as a family, or a person you have a child with. Leaving the home to avoid violence does not affect your right to file. People without that relationship may qualify for a dating violence, repeat violence or sexual violence injunction. |
| Where to ask | File a verified petition in circuit court where you currently or temporarily live, where the respondent lives, or where the violence occurred. There is no minimum residency requirement. The clerk must help with forms and keep your privacy; you can give your address in a separate confidential filing. |
| Cost | No filing fee may be charged for a domestic violence injunction petition. Injunctions are served by the sheriff or law enforcement; the statute provides for clerks to pay law-enforcement service fees from a state reimbursement. Source: Fla. Stat. § 741.30(2)(a) |
Emergency orders and the hearing
| Emergency / temporary orders | If there is an immediate and present danger of domestic violence, the court can grant a temporary injunction ex parte (without the respondent present). It lasts up to 15 days, until the full hearing. Source: Fla. Stat. § 741.30(5)(a),(c) |
|---|---|
| Serving the order | Within 24 hours of issuance, the clerk sends the petition, notice of hearing and any temporary injunction to the sheriff or local law enforcement, who serves the respondent as soon as possible, any day and at any hour. Source: Fla. Stat. § 741.30(8)(a) |
| The court hearing | A full hearing is set no later than the date the temporary injunction ends (within 15 days). The court may continue the hearing for good cause, and the temporary injunction can be extended during a continuance. An advocate can be present with you at hearings on request. Source: Fla. Stat. § 741.30(5)(c), (7) |
| How long an order lasts | The order restraining the respondent from domestic violence and other protective terms stay in effect until a court modifies or dissolves them; either party can ask at any time. Some terms (temporary parenting plan, support) last until the order expires or another court order replaces them. |
What the order does
| What an order can require | The court can order the respondent not to commit domestic violence; give you exclusive use of a shared home or keep the respondent away from your home; set a temporary parenting plan (up to 100% time-sharing) with safe exchange locations; order temporary child or spousal support; order batterers' intervention or counseling; give you care of animals; refer you to a certified domestic violence center; and grant other relief needed for protection. |
|---|---|
| Firearms | It is a first-degree misdemeanor for a respondent under a final domestic violence injunction to have any firearm or ammunition in their care, custody, possession or control. The final judgment must say so on its face. Federal law may also apply. |
| If the order is violated | Willfully violating a domestic violence injunction (for example refusing to leave a shared home, going within 500 feet of your home, school or work, contacting you, or committing violence) is generally a first-degree misdemeanor. Violations can also be enforced through civil or criminal contempt, and police can arrest. The injunction is enforceable in every Florida county. |
Children and privacy
| Minors and children | A parent or legal guardian of a minor child living at home can file for a repeat violence, dating violence or sexual violence injunction on the child's behalf. In a domestic violence petition, you can list minor children who live with you and ask for temporary parenting and safe-exchange orders. |
|---|---|
| Keeping your address private | Florida's Address Confidentiality Program, run by the Attorney General, lets victims of domestic violence or dating violence (or a parent/guardian for a minor) use a substitute address designated by the Attorney General. Source: Fla. Stat. § 741.403 |
Forms and help in Florida
- Florida Department of Children and Families — Domestic Violence Program — 1-800-500-1119 (Florida Domestic Violence Hotline)
- Free legal aid in Florida
Florida protective order FAQ
What kinds of protective orders are available in Florida?
Injunctions for protection against domestic violence, repeat violence, dating violence, sexual violence and stalking, each available as a temporary (ex parte) injunction and a final injunction after a hearing.
Who can get a restraining order in Florida?
A domestic violence injunction is for family or household members: a spouse or former spouse, a person related by blood or marriage, a person who lives or lived with you as a family, or a person you have a child with. Leaving the home to avoid violence does not affect your right to file. People without that relationship may qualify for a dating violence, repeat violence or sexual violence injunction.
Where do I file for a restraining order in Florida?
File a verified petition in circuit court where you currently or temporarily live, where the respondent lives, or where the violence occurred. There is no minimum residency requirement. The clerk must help with forms and keep your privacy; you can give your address in a separate confidential filing.
Does it cost money to get a restraining order in Florida?
No filing fee may be charged for a domestic violence injunction petition. Injunctions are served by the sheriff or law enforcement; the statute provides for clerks to pay law-enforcement service fees from a state reimbursement.
How fast can I get an emergency protective order in Florida?
If there is an immediate and present danger of domestic violence, the court can grant a temporary injunction ex parte (without the respondent present). It lasts up to 15 days, until the full hearing.
What happens at the restraining order hearing in Florida?
A full hearing is set no later than the date the temporary injunction ends (within 15 days). The court may continue the hearing for good cause, and the temporary injunction can be extended during a continuance. An advocate can be present with you at hearings on request.
How long does a restraining order last in Florida?
The order restraining the respondent from domestic violence and other protective terms stay in effect until a court modifies or dissolves them; either party can ask at any time. Some terms (temporary parenting plan, support) last until the order expires or another court order replaces them.
What can a protective order do in Florida?
The court can order the respondent not to commit domestic violence; give you exclusive use of a shared home or keep the respondent away from your home; set a temporary parenting plan (up to 100% time-sharing) with safe exchange locations; order temporary child or spousal support; order batterers' intervention or counseling; give you care of animals; refer you to a certified domestic violence center; and grant other relief needed for protection.
Does a protective order affect firearms in Florida?
It is a first-degree misdemeanor for a respondent under a final domestic violence injunction to have any firearm or ammunition in their care, custody, possession or control. The final judgment must say so on its face.
How is a restraining order served in Florida?
Within 24 hours of issuance, the clerk sends the petition, notice of hearing and any temporary injunction to the sheriff or local law enforcement, who serves the respondent as soon as possible, any day and at any hour.
What happens if someone violates a protective order in Florida?
Willfully violating a domestic violence injunction (for example refusing to leave a shared home, going within 500 feet of your home, school or work, contacting you, or committing violence) is generally a first-degree misdemeanor. Violations can also be enforced through civil or criminal contempt, and police can arrest. The injunction is enforceable in every Florida county.
Can a minor get a restraining order in Florida?
A parent or legal guardian of a minor child living at home can file for a repeat violence, dating violence or sexual violence injunction on the child's behalf. In a domestic violence petition, you can list minor children who live with you and ask for temporary parenting and safe-exchange orders.
Can I keep my address confidential in Florida?
Florida's Address Confidentiality Program, run by the Attorney General, lets victims of domestic violence or dating violence (or a parent/guardian for a minor) use a substitute address designated by the Attorney General.
Protective orders in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.