Restraining Orders & Injunctions in Florida
When your safety is at stake, you need immediate legal protection. Christine Leonard files and defends injunctions for protection with the urgency your situation demands.
Domestic Violence Injunctions in Florida: Understanding Your Legal Options
In Florida, what most people call a “restraining order” is legally known as an “injunction for protection.” These court orders are designed to protect victims of domestic violence, stalking, repeat violence, dating violence, and sexual violence from further harm. An injunction can prohibit contact, require the respondent to vacate a shared residence, establish temporary custody and support, and surrender firearms.
Christine Leonard is a trial-tested family law attorney who handles both sides of injunction proceedings — filing for protection when you are in danger and defending against unjust or fabricated injunctions when your rights are being weaponized. She understands the urgency of these cases and acts immediately to protect her clients.
Types of Injunctions for Protection in Florida
Domestic Violence Injunction (F.S. 741.30)
A domestic violence injunction is available when the petitioner is a victim of domestic violence or has reasonable cause to believe they are in imminent danger of becoming a victim. The petitioner must have a specific relationship with the respondent — spouse, former spouse, persons related by blood or marriage, persons living together as a family, or persons who have a child in common. Domestic violence includes assault, battery, sexual assault, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death.
Repeat Violence Injunction (F.S. 784.046)
A repeat violence injunction does not require a domestic relationship. It is available when the petitioner has been the victim of two incidents of violence or stalking committed by the respondent, with one of the incidents occurring within six months of the filing. This injunction is commonly used for neighbor disputes, workplace conflicts, and other situations involving repeated threats or acts of violence.
Dating Violence Injunction (F.S. 784.046)
A dating violence injunction protects individuals in a continuing, significant relationship of a romantic or intimate nature. The relationship must have existed within the past six months. Unlike domestic violence injunctions, the parties do not need to have lived together or have a child in common. Only one incident of violence is required.
Sexual Violence Injunction (F.S. 784.046)
A sexual violence injunction is available to victims of sexual battery, lewd or lascivious acts committed on a person under 16, or luring or enticing a child. The petitioner must have reported the incident to law enforcement and must be cooperating in any criminal proceeding. There is no requirement of a domestic or dating relationship.
Stalking Injunction (F.S. 784.0485)
A stalking injunction protects victims of stalking or cyberstalking. Under Florida law, stalking is defined as willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. Only one incident of stalking is required to file for this type of injunction. Cyberstalking — which includes harassment through electronic communication — is also covered.
How to File for an Injunction in Florida
Step 1: File the Petition. The petitioner files a sworn petition with the circuit court describing the acts of violence, stalking, or threats. The petition must include specific facts and dates. Christine Leonard drafts these petitions to maximize the likelihood of obtaining immediate temporary protection.
Step 2: Temporary Injunction. If the court finds an immediate and present danger of domestic violence (or that the petitioner is a victim of the applicable violence), the judge can issue a temporary injunction without notice to the respondent. This temporary order takes effect immediately and typically includes no-contact provisions and may require the respondent to vacate the shared home.
Step 3: Service on the Respondent. The respondent must be served with the petition and the temporary injunction. Law enforcement handles service of injunction papers.
Step 4: Full Hearing. A full hearing is scheduled within 15 days of the temporary injunction. Both parties can present evidence, call witnesses, and cross-examine the other side. This is where having a trial-tested attorney makes the difference between obtaining lasting protection and having your case dismissed.
Step 5: Final Injunction. If the court finds sufficient evidence, a final injunction is entered. Final injunctions can be issued for a specific period or indefinitely and can include provisions for temporary custody, child support, exclusive use of the home, and firearm surrender.
What an Injunction Covers
A Florida injunction for protection can include any or all of the following provisions:
No-contact order. The respondent is prohibited from contacting the petitioner directly, indirectly, or through third parties.
Stay-away order. The respondent must stay a specified distance from the petitioner’s home, workplace, school, and other designated locations.
Exclusive possession of the home. The respondent can be ordered to vacate a shared residence.
Temporary custody and support. In domestic violence cases, the court can award temporary custody of minor children and order temporary child support and alimony.
Firearm surrender. The respondent can be ordered to surrender all firearms and ammunition to law enforcement.
Violations of an Injunction
Violating an injunction for protection is a first-degree misdemeanor under Florida Statute 741.31, punishable by up to one year in jail and a $1,000 fine. If the violation involves acts of violence, it can be charged as a third-degree felony. Law enforcement officers are required to arrest any person they have probable cause to believe has violated an injunction — no warrant is needed.
If the other party is violating your injunction, Christine Leonard will pursue enforcement through both civil contempt proceedings and coordination with law enforcement to ensure criminal prosecution.
Defending Against an Injunction
Injunctions for protection are sometimes filed in bad faith — as a tactical weapon in a divorce or custody dispute. A false or exaggerated injunction can result in loss of your home, separation from your children, firearm restrictions, and a permanent public record. If you have been served with an injunction petition, you need an attorney who will aggressively defend your rights at the hearing.
Christine Leonard examines every detail of the petition, identifies inconsistencies and fabrications, gathers counter-evidence, and prepares a thorough defense for the hearing. She cross-examines the petitioner, challenges their credibility, and presents the facts that expose bad-faith filings for what they are.
Your Safety Cannot Wait.
Whether you need to file for an injunction or defend against one, Christine Leonard acts immediately to protect your rights. She personally handles every hearing and prepares every case for trial.
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Frequently Asked Questions: Injunctions for Protection in Florida
What types of injunctions for protection are available in Florida?
Florida provides five types: domestic violence injunctions (F.S. 741.30), repeat violence, dating violence, sexual violence (F.S. 784.046), and stalking injunctions (F.S. 784.0485). Each has different eligibility requirements and provides different protections.
How do I file for a domestic violence injunction in Florida?
File a sworn petition with the circuit court describing the acts of domestic violence. The court can issue a temporary injunction immediately if there is an immediate and present danger. A full hearing is scheduled within 15 days where both parties present evidence.
How long does a domestic violence injunction last in Florida?
A temporary injunction lasts until the full hearing, typically within 15 days. A final injunction can be entered for a specific period or indefinitely, depending on the circumstances. The petitioner can request an extension before it expires.
What happens if someone violates a restraining order in Florida?
Violating an injunction is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. If the violation involves violence, it can be charged as a felony. Law enforcement officers are required to arrest without a warrant. Contact Leonard Legal at (904) 392-4573 if you need to enforce an injunction.