Florida Protective Orders Laws

Florida has legal help in place for victims of abusive crimes. Restraining orders, called injunctions for protection in the state, serve as a buffer between victims and abusers. In some instances, these court orders also decide issues such as temporary child custody, spousal support, and who gets the family pets.

With six different types of protective orders available in Florida, confusion over which one applies to your situation is understandable. This guide will examine each restraining order, explain what they do and who they’re for, and show you how to navigate Florida courts to get the one you need. Read on for a better understanding of Florida protective orders.

Florida Protective Orders Laws: Injunctions

Five of the civil protection orders available in Florida are similar in how they work and the method for getting them. Let’s examine these injunctions first.

Types of Restraining Orders/Injunctions

Injunction for Protection Against Domestic Violence

Domestic violence is a classification with specific requirements. Under Florida law, an offense is considered domestic violence if people in certain close, personal relationships have qualifying abusive acts occur between them. If both elements aren’t present, the crime isn’t a domestic violence offense in Florida.

The people involved in domestic violence crimes are family members and household members. This includes the following participants and relationships:

• Spouses and former spouses
• Blood relatives (family by consanguinity)
• In-laws and stepfamily (family by marriage)
• People who reside together as if a family
• People who have resided together in the past as if a family
• Parents of a child in common

Aside from the parents of a child in common, people in qualifying relationships must either live together in the same dwelling or have lived together in the same dwelling. Victims who don’t have a family member or household member as their abuser may qualify for one of the other Florida protective orders.

Having qualifying people involved is only half the requirement. Family and household members must have at least one of the following abusive acts happen between them:

• Assault with or without a deadly weapon
• Aggravated assault
• Sexual assault
• Battery
• Aggravated battery
• Sexual battery
• Stalking
• Aggravated stalking
• False imprisonment
• Kidnapping
• Any other criminal offense resulting in physical injury or death

Acts that fall into one of the above categories are eligible as well. For example, strangulation is considered battery. If committed to a family or household member, it’s domestic battery by strangulation and carries an enhanced penalty.

Florida domestic violence protection orders have more leeway with their provisions than other restraining orders. This is due to shared relationships, living together, and the potential of children being involved. While domestic violence injunctions have the usual stay-away and no-contact orders, their provisions can cover a wider range of issues:

• Forbidding the respondent (abuser) from committing any acts of domestic violence against the petitioner (victim) or their family
• Ordering the respondent to vacate a shared dwelling and not to return
• Awarding the petitioner temporary custody of any household animals
• Awarding the petitioner temporary child custody, child support, or spousal support
• Ordering a temporary parenting plan that may exclude or restrict the respondent‘s child custody rights
• Ordering the respondent to surrender all firearms while the injunction is in effect
• Ordering the respondent to participate in a mandatory batterers’ intervention program

Restraining orders can contain some, all, or none of these conditions. The court can add a provision for anything it deems necessary for the victim’s safety. A temporary domestic violence protective order is called a temporary injunction. The issuance after a court hearing is a final injunction. We’ll explain how to apply for one at the end of this section.

Injunction for Protection Against Repeat Violence, Sexual Violence, or Dating Violence

Victims don’t always share close, personal relationships with their attackers. Relief for victims of abusive crimes who don’t qualify for a domestic violence injunction is available through other Florida protective orders. The primary goal is to keep the assailant away from the victim. There are three different types of offenses covered by this restraining order:

• Repeat violence: Repeat violence occurs when an attacker commits at least two acts of violence or stalking against a victim or the victim’s immediate family. The victim must file within six months of the latest incident.
• Dating violence: As the name indicates, this is violence between people in a current dating relationship or who have dated in the past. This does not apply to casual relationships. Determining factors include a duration of at least six months, expectation of affection or sexual involvement, and frequency and type of interaction.
• Sexual violence: Sexual violence under Florida law includes sexual battery, lewd or lascivious acts committed upon or in the presence of a person younger than 16 years of age, luring or enticing a child, forcing a sexual performance by a child, or any other forcible felony wherein a sexual act is committed or attempted.

For a sexual violence protective order, parents and legal guardians can apply for a minor child. Filing of charges is not required to get a protective order, but an offense needs to have been reported to law enforcement. Victims must cooperate with prosecutors. Sexual violence restraining orders are also available when an abuser is finishing up their sentence.

Provisions in these protective orders are up to the court. Forbidding the respondent (abuser) from committing any further abusive acts is standard. Other common conditions are:

• No contact with the petitioner (victim)
• Staying away from the petitioner’s home, workplace, school, and other specified locations
• Staying a specified distance away from the petitioner at all times

A Florida protective order issued before a court hearing is an ex parte temporary injunction. Ex parte means the court doesn’t speak with the respondent before issuance. A final injunction is issued if the court hearing convinces the court that the respondent is a persistent threat. We’ll explain how to get this order at the end of this section.

Injunction for Protection Against Stalking/Cyberstalking

Stalking crimes involve causing fear in a victim. This is accomplished through repeated harassment, following, threats, physical assault, and other methods. Harming a victim’s pet is considered stalking as well. Cyberstalking is causing emotional distress through electronic means, such as email or social media. This pattern of repeated abuse is regarded as a course of conduct.

Protective orders for stalking and cyberstalking focus on ordering the abuser to stop harassing and upsetting the victim. No-contact orders, stay-away provisions, and ceasing of all stalking are obvious inclusions of any stalking restraining order. The court can add any provision it considers necessary. This includes ordering the respondent to attend batterers’ intervention treatment programs.

If the court feels the victim is in immediate danger, an ex parte temporary injunction is issued before a hearing. Once the respondent is served the order by law enforcement, the provisions are enforceable. Final injunctions require a full court hearing before issuance.

How To Get a Florida Protective Order Injunction

If you’re in immediate danger of abuse, call 911. Florida law enforcement receives specific training for domestic abuse calls. Police officers can arrest the abuser if they have reasonable cause to believe domestic violence occurred.

Getting a protective order begins with filling out a petition. These are available at the clerk’s office in your county’s circuit court. They’re also available online. Make sure you fill out the correct forms for the restraining order you need:

• Protection Against Domestic Violence Injunction Forms
• Protection Against Dating Violence Injunction Forms
• Protection Against Stalking/Cyberstalking Injunction Forms
• Protection Against Sexual Violence Injunction Forms
• Protection Against Repeat Violence Injunction Forms

If possible, seek assistance from a domestic violence advocate near you. They’re experienced with this paperwork. Consulting a Florida domestic violence attorney is also highly recommended.

The clerk of courts takes your completed petition to a judge, who may ask you further questions. If the court believes an immediate threat of abuse exists, a temporary injunction is issued. The court does not need to speak with the respondent (abuser) for this issuance. A copy of the order is served to the respondent. Temporary injunctions last 15 days or until the court hearing.

At the full hearing, the petitioner must convince the court that the respondent is an ongoing threat. Both sides can offer their arguments, present evidence, and call witnesses. If the court agrees that the respondent is a persistent danger, a final injunction is issued. Provisions are subject to amendment, and new ones can be added. A final injunction has no expiration date unless noted by the court.

All protective orders issued in Florida are enforceable anywhere in the United States under federal law. This includes tribal reservations and territories. Make sure to keep a copy of your injunction or a Hope Card (a compact version of your protective order) with you at all times.

Florida Protective Orders Laws: Risk Protection Order

A Florida risk protection order (RPO) is different from other restraining orders. It’s designed to keep firearms away from someone considered a threat to themselves and others. Only law enforcement officers and agencies can file for an RPO. Family and household members can request they do so for them.

An RPO requires the respondent to surrender all firearms and ammunition and refrain from possessing either for the duration of the order. A temporary ex parte risk protection order lasts 14 days or until a court hearing, which must occur within that span. If the petitioner proves the respondent is a threat, a final RPO goes into effect.

Final RPOs last up to 12 months. Extensions are possible after a full court hearing within 30 days of the order’s expiration date. If granted, extensions last up to 12 months.

Florida Protective Orders Laws: Penalties for Injunction/Order Violations

Penalties for violations of Florida injunctions and protective orders are intended to make an offender think twice before trying to abuse their victim again. Violation of an injunction can land an abuser in jail, even for a first offense:

• First or second violation (misdemeanor in the first degree): Up to one year in jail and a fine of up to $1,000
• Third or subsequent violations (felony of the third degree): Up to five years in prison and a fine of up to $5,000

Violators also face mandatory batterers’ intervention program attendance for any domestic violence offense or violation unless the court is presented with a reason not to.

Those under a risk protection order have strict penalties as well. Making a false statement about surrendering or possession of a firearm while under an RPO carries the same punishment as a violation. Violators are guilty of a felony of the third degree. Penalties include up to five years in prison and a fine of up to $5,000.

Florida Protective Orders Laws: Review

Florida has a lot of protective orders and injunctions available for victims. To help remember, the table below contains a recap of each order for easy reference. Links to important Florida codes are included.

Florida Protective Orders Code Sections

Florida Statutes

Title XLIII – Domestic Relations

Chapter 741 – Marriage; Domestic Violence

• Florida Statutes Section 741.28 (domestic violence; definitions)
• Florida Statutes Section 741.281 (court to order batterers’ intervention program attendance)
• Florida Statutes Section 741.283 (minimum term of imprisonment for domestic violence)
• Florida Statutes Section 741.29 (domestic violence; investigation of incidents; notice to victims of legal rights and remedies; reporting)
• Florida Statutes Section 741.30 (domestic violence; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement; public records exemption – effective 10/1/2024)
• Florida Statutes Section 741.31 (violation of an injunction for protection against domestic violence)
• Florida Statutes Section 741.311 (Hope Card Program for persons issued orders of protection – effective 10/1/2024)
• Florida Statutes Section 741.313 (unlawful action against employees seeking protection)
• Florida Statutes Section 741.325 (requirements for batterers’ intervention programs)
• Florida Statutes Section 741.403 (address confidentiality program; application; certification)

Title XLVI – Crimes

Chapter 784 – Assault; Battery; Culpable Negligence

• Florida Statutes Section 784.046 (action by victim of repeat violence, sexual violence, or dating violence for protective injunction; dating violence investigations, notice to victims, and reporting; pretrial release violations; public records exemption – effective 10/1/2024)
• Florida Statutes Section 784.047 (penalties for violating protective injunction against violators)
• Florida Statutes Section 784.048 (stalking; definitions; penalties)
• Florida Statutes Section 784.0485 (stalking; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement – effective 10/1/2024)
• Florida Statutes Section 784.0487 (violation of an injunction for protection against stalking or cyberstalking)

Chapter 790 – Weapons and Firearms

• Florida Statutes Section 790.233 (possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking; penalties)
• Florida Statutes Section 790.401 (risk protection orders)

Protective Orders Available in Florida

Injunction for Protection Against Domestic Violence

• Protection for: Victims of abuse by a family member or household member
• Types of orders: Temporary injunction; final injunction
• Where to file: Clerk of courts in circuit court
• Order duration: 15 days or until the final hearing (temporary); Stays in effect until modified or dissolved (final)

Injunction for Protection Against Repeat Violence, Sexual Violence, or Dating Violence

• Protection for: Victims of repeat violence, sexual violence, or dating violence by someone who is not a family member or household member of the victim
• Types of orders: Ex parte temporary injunction; final injunction
• Where to file: Clerk of courts in circuit court
• Order duration: 15 days or until the final hearing (temporary); Stays in effect until modified or dissolved (final)

Injunction for Protection Against Stalking/Cyberstalking

• Protection for: Victims of repeated harassment, following, or cyberstalking (harassing via electronic communication or attempting to access the victim’s online accounts)
• Types of orders: Ex parte temporary injunction; final injunction
• Where to file: Clerk of courts in circuit court in the country where the victim lives, where the stalker lives, or where the abuse occurred
• Order duration: 15 days or until the final hearing (temporary); Stays in effect until modified or dissolved (final)

Risk Protection Order (RPO)

• Protection for: A person considered a danger to themselves and others and those who could be affected
• Types of orders: Temporary ex parte risk protection order; risk protection order (final)
• Where to file: Only law enforcement officers and agencies can file for an RPO
• Order duration: 14 days or until the final hearing (temporary); Up to 12 months and extendable for 12 months at a time (final)

(Florida Statutes Section 471.30; Florida Statutes Section 784.0485; Florida Statutes Section 784.0487; Florida Statutes Section 790.401)

Penalty for Violations of a Florida Injunction For Protection and Risk Protection Orders

Penalties for violating a Florida injunction for protection:

• First or second violation (misdemeanor in the first degree): Up to one year in jail and a fine of up to $1,000
• Third or subsequent violations (felony of the third degree): Up to five years in prison and a fine of up to $5,000

The court will impose mandatory batterers’ intervention program attendance for any domestic violence offense or violation unless presented with a reason not to.

Penalty for violating a Florida risk protection order:

• Any violation or making a false statement (felony of the third degree): Up to five years in prison and a fine of up to $5,000

(Florida Statutes Section 471.31; Florida Statutes Section 790.401 (11))

Fees for Filing a Florida Injunction for Protection

There are no fees for a petitioner filing for an injunction for protection.

(Florida Statutes Section 741.30 [2])

Order Transmission to Law Enforcement

Within 24 hours of issuance

Note: Florida laws change often. Contact a Florida domestic violence attorney or research the current Florida state laws.

Florida Protective Orders Laws: Additional Information

• National Domestic Violence Hotline (1.866.799.7233)
• Florida Domestic Violence Centers
• Florida Free from DV
• Florida Office of Domestic Violence
• Domestic Violence FAQ

Learn More About Florida Protective Orders Laws From an Attorney

Nobody should have to live a life of fear and abuse. Call 911 if you’re in immediate danger. If you have questions about Florida protective orders, speak with a domestic violence attorney. They’ll put their expertise in family law to work for you.

If you’re facing criminal charges for violating a Florida protective injunction, it’s time to talk with a criminal defense attorney. They can help you achieve the best outcome possible.