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How do I get a restraining order in Florida?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Florida's injunction system is among the most detailed in the country.

1. Types of Protective Orders

  • Domestic Violence Injunction — Fla. Stat. § 741.30.
  • Repeat Violence, Dating Violence, Sexual Violence Injunction — Fla. Stat. § 784.046.
  • Stalking Injunction — Fla. Stat. § 784.0485 (includes cyberstalking).
  • Exploitation of a Vulnerable Adult / Elder — Fla. Stat. § 825.1035.
  • Risk Protection Order (red flag) — Fla. Stat. § 790.401, filed by law enforcement only.

    • 2. Eligibility

    DV injunction requires "family or household member" status (§ 741.28): spouse, former spouse, related by blood/marriage, currently or formerly residing together as a family, or co-parent. Repeat violence requires two incidents (one within 6 months); dating/sexual/stalking require no relationship.

    3. Filing

    Petition in Circuit Court of the county where petitioner lives, temporarily resides, or where the violence occurred. No filing fee, no service fee for DV, dating, sexual, repeat violence, or stalking petitions (§ 741.30(2)(a)).

    4. Emergency / Ex Parte (TRO)

    Same-day review. Standard: petitioner is in "immediate and present danger of becoming a victim of domestic violence" (§ 741.30(5)(a)). Ex parte order lasts up to 15 days until full hearing.

    5. Full Hearing

    Hearing within 15 days. Preponderance standard. Respondent must be personally served. Evidence: petitioner testimony, photos, medical records, texts, witnesses, police reports.

    6. Permanent Order Duration

    Florida injunctions have no fixed expiration unless stated; they remain in effect until modified or dissolved (§ 741.30(6)(c)).

    7. Enforcement

    Violation is a first-degree misdemeanor under § 741.31 (1 year jail, $1,000 fine); third violation is a third-degree felony. Florida law enforcement must arrest on probable cause of violation. Firearm and ammunition surrender required; federal prohibition under 18 U.S.C. § 922(g)(8).

    8. Modification / Dissolution

    Either party may move to modify or dissolve at any time (§ 741.30(6)(c)); burden on movant to show changed circumstances.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Respondent has retained counsel for the return hearing
    • Mutual injunction has been requested
    • Injunction will impact a concurrent paternity or dissolution case
    Related Statutes & Laws
    • Fla. Stat. § 741.30
    • Fla. Stat. § 784.046
    • Fla. Stat. § 784.0485
    • Fla. Stat. § 741.31
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.