Florida Restraining Order Laws (2026): How to Get an Injunction for Protection

In Florida, what most people call a "restraining order" is officially called an injunction for protection. Any family or household member who has experienced domestic violence or has reasonable cause to believe that domestic violence is imminent may petition a circuit court for an injunction. A final injunction in Florida remains in effect indefinitely unless a party petitions to modify or dissolve it.

If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).

Types of restraining orders in Florida

Florida law creates five separate tracks for injunctions for protection, each with its own statute and qualifying criteria. The Injunction for Protection Against Domestic Violence (Fla. Stat. 741.30) applies when the respondent is a family or household member. The Injunction for Protection Against Repeat Violence (Fla. Stat. 784.046) covers two or more acts of violence or stalking by anyone, regardless of relationship. The Injunction for Protection Against Dating Violence (Fla. Stat. 784.046) protects people in a current or recent dating relationship that involved romantic or intimate contact. The Injunction for Protection Against Stalking (Fla. Stat. 784.0485) requires no relationship; it protects any victim of stalking or cyberstalking. The Injunction for Protection Against Sexual Violence (Fla. Stat. 784.046) is available to any victim of sexual violence regardless of whether they have a domestic relationship with the perpetrator.

Each type uses the same general court process, but the qualifying criteria differ. If you are unsure which type applies to your situation, the clerk's office at your local circuit court can help direct you to the correct petition form.

Who can get a restraining order in Florida?

For the domestic violence injunction under Fla. Stat. 741.30, you must be a family or household member of the respondent. Florida defines that as a spouse or former spouse, a person related by blood or marriage, a person who is residing with or has resided with the respondent as if a family, or a person with whom the respondent has a child in common. There is no minimum residency period required.

For all other tracks, a qualifying relationship is not required. The repeat violence, stalking, sexual violence, and dating violence injunctions are available to any victim meeting that category's criteria. This means a person who is being stalked by a stranger, a coworker, or a neighbor has a civil injunction option under Florida law.

Parents or legal guardians may petition on behalf of a minor child in appropriate circumstances.

How to file for a restraining order in Florida

You file a petition for an injunction for protection with the Circuit Court in the county where you currently reside (temporarily or permanently), where the respondent resides, or where the domestic violence occurred. Florida courts maintain self-help centers and the clerks' offices have standardized petition forms at no cost to the petitioner.

Filing is free. Under the federal Violence Against Women Act, states and courts cannot charge a filing fee or service fee for a domestic violence protective order. The same fee waiver generally applies to the other Florida injunction tracks as well.

Once you file the petition, a judge reviews it the same day. If the judge finds that immediate and present danger exists, a temporary injunction is issued ex parte and you receive a copy. Law enforcement serves the respondent. A full hearing is then scheduled before the temporary injunction expires.

If you need help completing the forms, Florida's court system maintains self-help resources through the Florida Courts website. Local domestic violence organizations and certified domestic violence centers also provide free advocates who can assist with the paperwork and accompany you to court.

Temporary vs. final orders: how long they last

Florida uses two stages: a temporary injunction issued ex parte and a final injunction issued after a hearing.

Order type	Who is present	Duration
Temporary injunction	Petitioner only (ex parte)	Up to 15 days, until the full hearing
Final injunction	Both parties (or respondent served and given notice)	Permanent / indefinite unless modified or dissolved

The temporary injunction is effective for no more than 15 days. The court is required to schedule a full hearing before it expires. If the respondent fails to appear at the hearing after being properly served, the court may still issue a final injunction.

The final injunction under Florida law remains in effect until modified or dissolved by the court. It does not expire automatically after one year or two years the way many other states' orders do. Either party may petition the court to modify or dissolve the order, but it takes an affirmative court action to end it.

Note: Florida HB 425 / SB 296 was enacted during the 2026 Regular Session (effective July 1, 2026) modifying certain domestic violence and dating violence injunction provisions. Review the final text of those measures if your situation involves conduct occurring on or after July 1, 2026.

Firearms and a Florida protective order

Florida law addresses firearms on two levels. Under Fla. Stat. 790.233, it is a first-degree misdemeanor for any person who is the subject of a final domestic violence injunction (Fla. Stat. 741.30) or a stalking/cyberstalking injunction (Fla. Stat. 784.0485) to possess any firearm or ammunition. The final injunction must include a written notice of this prohibition. The respondent is required to surrender any firearms in their possession.

In addition, any qualifying final protective order triggers the federal firearms ban under 18 U.S.C. 922(g)(8). A person subject to a qualifying final order issued after notice and a hearing may not possess any firearm or ammunition anywhere in the United States, regardless of whether the state order specifically mentions firearms. Violating the federal ban is a separate federal crime.

If you are concerned that the respondent has not surrendered firearms as required, contact local law enforcement and inform them of the order and the surrender requirement.

What happens if someone violates the order?

Violating a final injunction for protection in Florida is a first-degree misdemeanor under Fla. Stat. 741.31, punishable by up to one year in county jail and a fine of up to $1,000. In addition, the court may hold the respondent in criminal or civil contempt. A peace officer may arrest without a warrant if the officer has probable cause to believe the respondent has violated the injunction.

Repeat or aggravated violations can result in felony charges depending on the conduct involved. If the respondent physically injures you, uses a weapon, or commits additional criminal acts while violating the order, those underlying crimes carry their own penalties on top of the injunction violation charge.

If the respondent contacts you, comes to your home or workplace, or otherwise violates any term of the injunction, call 911 immediately and report the violation. Keep a record of every violation, including dates, times, and any messages or evidence, and bring it to the court or your advocate.

This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.

More Florida Laws

• Florida AI Meeting Recording Laws
• Florida Alimony Laws
• Florida At-Will Employment Laws
• Florida Car Accident Laws
• Florida Car Seat Laws
• Florida Child Custody Laws
• Florida Child Support Laws
• Florida Common Law Marriage Laws
• Florida Data Privacy Laws
• Florida Divorce Laws
• Florida Dog Bite Laws
• Florida Emancipation Laws
• Florida Expungement Laws
• Florida Hit and Run Laws
• Florida Landlord-Tenant Laws
• Florida Lemon Laws

Sources

• Fla. Stat. 741.28 to 741.31 (Domestic Violence Injunction): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0741%2FSections%2F0741.30.html
• Fla. Stat. 784.046 (Repeat Violence, Dating Violence, Sexual Violence): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799%2F0784%2FSections%2F0784.046.html
• Fla. Stat. 784.0485 (Stalking Injunction): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0784%2FSections%2F0784.0485.html
• Fla. Stat. 790.233 (Firearm prohibition): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0790%2FSections%2F0790.233.html

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For general information on how all 50 states handle protective orders, see our guide: Restraining Order Laws by State.

For information on Florida's recording consent laws and how electronic evidence may be relevant to documenting harassment, see our Florida Recording Law page.