If you're in immediate danger, call 911. The National Domestic Violence Hotline (1-800-799-7233) is available 24/7 for confidential support and safety planning, whether or not you decide to pursue a court order.

What an Injunction Actually Does

A domestic violence injunction — sometimes called a restraining order — is a civil court order that can require the respondent to stay away from you, your home, your workplace, and your children's school, surrender firearms, and stop all contact. It's separate from any criminal charges that may or may not be filed; you don't need a police report or an arrest to petition for one, though evidence like texts, photos, or witness statements helps.

Who Can Petition

Florida recognizes several categories: domestic violence (between family or household members, including former spouses and people who share a child), dating violence, sexual violence, repeat violence, and stalking. Each has its own legal definition and eligibility requirements under Florida Statute § 741.30 and related sections.

The Two-Step Process

Most cases move through two stages:

  • Temporary injunction. After you file the petition, a judge reviews it — often the same day — without the other party present. If the judge finds an immediate danger, a temporary injunction takes effect right away and typically lasts up to 15 days.
  • Final hearing. Both sides appear, present evidence, and the judge decides whether to grant a final injunction, which can last a set term, indefinitely, or be denied. This is the hearing where having represented yourself well — or having an attorney — tends to matter most.

How It Affects Custody and Divorce

An injunction filed during or before a divorce or custody case doesn't just sit in isolation — Florida family courts are required to consider evidence of domestic violence when deciding timesharing and parental responsibility. A final injunction can shape supervised visitation, communication restrictions, and how parenting decisions get made going forward.

Do You Need a Lawyer?

You're not required to have one — the forms and process are designed to be usable without an attorney. That said, the final hearing is an adversarial proceeding with real evidentiary rules, and what you say (or don't say) becomes part of the record in any related family law case. Many people bring an attorney specifically for the final hearing even if they filed the petition themselves.

If You've Been Served with a Petition

Being served doesn't mean you're guilty of anything — it means a judge found enough in the petition to warrant a hearing. Read the temporary injunction carefully; violating it, even unintentionally, is a separate criminal offense. Get to the final hearing prepared, ideally with an attorney, since a final injunction can affect custody, gun rights, and employment.