Florida
Florida Restraining Order Laws (2026): How to Get an Injunction for Protection
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 5 primary sources cited on this page. How we verify our legal content
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 () applies when the respondent is a family or household member. The Injunction for Protection Against Repeat Violence () covers two or more acts of violence or stalking by anyone, regardless of relationship. The Injunction for Protection Against Dating Violence () protects people in a current or recent dating relationship that involved romantic or intimate contact. The Injunction for Protection Against Stalking () 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 a victim of sexual violence who has either reported the sexual violence to a law enforcement agency and is cooperating in any related criminal proceeding, or whose offender was sentenced to state prison for the sexual violence and that prison term has expired or is due to expire within 90 days of the petition, regardless of whether the victim has 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 , 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.
Firearms and a Florida protective order
Florida law addresses firearms on two levels. Under , 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 () 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 (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 domestic violence injunction (Fla. Stat. 741.30) is a first-degree misdemeanor under , punishable by up to one year in county jail and a fine of up to $1,000. Violations of the repeat violence, dating violence, and sexual violence injunctions (Fla. Stat. 784.046) are instead enforced through civil or criminal contempt, and violations of a stalking injunction (Fla. Stat. 784.0485) are enforced through contempt or prosecuted as a separate offense under . 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.
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.
More Florida Laws
Frequently Asked Questions
How do I get a restraining order in Florida?
In Florida, you file a petition for an injunction for protection at the Circuit Court in your county (or the county where the respondent lives or the violence occurred). You complete the petition form, a judge reviews it the same day, and if immediate danger is found, a temporary injunction is issued immediately. A full hearing is set within 15 days. Filing is free.
How long does a restraining order last in Florida?
A final injunction for protection in Florida is permanent and indefinite. It does not expire after a set number of years. It remains in effect until one of the parties petitions the court to modify or dissolve it and the court grants that request.
How much does a restraining order cost in Florida?
Filing for a domestic violence injunction for protection is free. The federal Violence Against Women Act prohibits courts from charging a filing fee or service fee for domestic violence protective orders. There is no cost to the petitioner.
Can I get a restraining order without a police report?
Yes. A police report is not required to file a petition for an injunction for protection in Florida. The petition is a civil proceeding and you describe the facts in your own sworn statement. A police report can be helpful as supporting evidence, but its absence does not bar you from filing.
Does a restraining order take away gun rights in Florida?
Yes. Under Fla. Stat. 790.233, a person subject to a final domestic violence injunction (Fla. Stat. 741.30) or a stalking/cyberstalking injunction (Fla. Stat. 784.0485) may not possess a firearm or ammunition. This is a first-degree misdemeanor. The federal ban under 18 U.S.C. 922(g)(8) also applies to qualifying final orders, prohibiting firearm possession nationwide.
What happens if the abuser violates the order?
Violating a final domestic violence injunction (Fla. Stat. 741.30) is a first-degree misdemeanor under Fla. Stat. 741.31. Violations of Florida's other injunction types (repeat violence, dating violence, sexual violence, and stalking) are enforced through civil or criminal contempt rather than that specific misdemeanor charge. A police officer can arrest without a warrant on probable cause. If you experience a violation, call 911 and document every incident.
What is the difference between a restraining order and an injunction for protection in Florida?
They are the same thing in Florida. The legal term is injunction for protection. Florida law creates five types based on the relationship and conduct involved: domestic violence, repeat violence, dating violence, sexual violence, and stalking. Most people informally call all of these restraining orders.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Added the reporting/cooperation-or-expired-sentence eligibility gate for Florida's sexual-violence injunction; scoped the 'first-degree misdemeanor' violation penalty to domestic violence injunctions only (the other four injunction types are enforced through contempt or separate statutes) across the body, KeyTakeaways, and FAQ; removed an incorrect bill citation (HB 425 is an unrelated cemetery-zoning bill).
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Florida Statutes
§ 741.30Domestic 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.In force
(1) There is created a cause of action for an injunction for protection against domestic violence.(a) Any person described in paragraph (e), who is either the victim of domestic violence as defined in s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, has standing in the circuit court to file a verified petition for an injunction for protection against domestic violence. (b) This cause of action for an injunction may be sought whether or not any other cause of action is currently pending between the parties. However, the pendency of any such cause of action shall be alleged in the petition. (c) In the event a subsequent cause of action is filed under chapter 61, any orders entered therein shall take precedence over any inconsistent provisions of an injunction issued under this section which addresses matters governed by chapter 61. (d) A person’s right to petition for an injunction shall not be affected by such person having left a residence or household to avoid domestic violence. (e) This cause of action for an injunction may be sought by family or household members.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 130 court opinionsMost recently applied by a court: 2025
Leading cases:
- Amendments to the Florida Family Law Rules of Procedure & Family Law Forms (Supreme Court of Florida 2000, 26 Fla. L. Weekly Supp. 13)“…t domestic violence and repeat violence has been created by section 741.30, Florida Statutes (Supp.1994) (modified by chapter 95-195…”
- In Re Family Law Rules of Procedure (Supreme Court of Florida 1995, 20 Fla. L. Weekly Supp. 581)“…nction for Protection Against Domestic Violence filed under section 741.30, Florida Statutes, or Repeat Violence under section 784.0…”
- Lewis v. Lewis (District Court of Appeal of Florida 1997, 689 So. 2d 1271)“…stody without providing for an adequate hearing pursuant to section 741.30, Florida Statutes. We find that sections 741.30(5) and (6…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 741.31Violation of an injunction for protection against domestic violence.In force
(1) In the event of a violation of the injunction for protection against domestic violence when there has not been an arrest, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred. The clerk shall either assist the petitioner in the preparation of an affidavit in support of the violation or direct the petitioner to the office operated by the court within the circuit that has been designated by the chief judge of that circuit as the central intake point for injunction violations and where the petitioner can receive assistance in the preparation of the affidavit in support of the violation. (2) The affidavit shall be immediately forwarded by the office assisting the petitioner to the state attorney of that circuit and to such court or judge as the chief judge of that circuit determines to be the recipient of affidavits of violation. If the affidavit alleges a crime has been committed, the office assisting the petitioner shall also forward a copy of the petitioner’s affidavit to the appropriate law enforcement agency for investigation.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 24 court opinionsMost recently applied by a court: 2025
Leading cases:
- Amendments to the Florida Family Law Rules of Procedure & Family Law Forms (Supreme Court of Florida 2000, 26 Fla. L. Weekly Supp. 13)“…on of its provisions which constitutes a criminal act under section 741.31, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABLE IN…”
- Amendments to Florida Supreme Court Approved Family Law Forms-Sexual Violence Forms (Supreme Court of Florida 2004, 871 So. 2d 113)“…on of its provisions which constitutes a criminal act under section 741.31, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABLE IN…”
- Amendments to the Florida Supreme Court Approved Family Law Forms—Domestic Violence Forms (Supreme Court of Florida 2002, 830 So. 2d 72)“…on of its provisions which constitutes a criminal act under section 741.31, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABLE IN…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 784.046Action 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.In force
(1) As used in this section, the term:(a) “Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person. (b) “Repeat violence” means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member. (c) “Sexual violence” means any one incident of:1. Sexual battery, as defined in chapter 794; 2. A lewd or lascivious act, as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age; 3. Luring or enticing a child, as described in chapter 787; 4. Sexual performance by a child, as described in chapter 827; or 5. Any other forcible felony wherein a sexual act is committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the state attorney.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 116 court opinionsMost recently applied by a court: 2025
Leading cases:
- Amendments to the Florida Family Law Rules of Procedure & Family Law Forms (Supreme Court of Florida 2000, 26 Fla. L. Weekly Supp. 13)“…pp.1994) (modified by chapter 95-195, Laws of Florida), and section 784.046, Florida Statutes (Supp.1994), respectively. This rule im…”
- In Re: Amendments to Florida Family Law Rules of Procedure (Supreme Court of Florida 2017, 42 Fla. L. Weekly Supp. 319)“…ning to this proposal contends that it is in conflict with section 784.046, Florida Statutes (2016). The plain language of this sta…”
- In Re Amendments to the Florida Rules of Civil Procedure-Management of Cases Involving Complex Litigation (Supreme Court of Florida 2009, 34 Fla. L. Weekly Supp. 576)“…unctions for protection against dating violence pursuant to section 784.046, Florida Statutes. (E) Repeat Violence — all matte…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 784.0485Stalking; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement.In force
(1) There is created a cause of action for an injunction for protection against stalking. For the purposes of injunctions for protection against stalking under this section, the offense of stalking shall include the offense of cyberstalking.(a) A person who is the victim of stalking or the parent or legal guardian of a minor child who is living at home who seeks an injunction for protection against stalking on behalf of the minor child has standing in the circuit court to file a verified petition for an injunction for protection against stalking. (b) The cause of action for an injunction for protection may be sought regardless of whether any other cause of action is currently pending between the parties. However, the pendency of any such cause of action shall be alleged in the petition. (c) The cause of action for an injunction may be sought by any affected person. (d) The cause of action for an injunction does not require either party to be represented by an attorney. (e) The court may not issue mutual orders of protection; however, the court is not precluded from issuing separate injunctions for protection against stalking if each party has complied with this section.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 36 court opinionsMost recently applied by a court: 2026
Leading cases:
- Joseph Lawrence O'Neill v. Sara Skye Goodwin (District Court of Appeal of Florida 2016, 195 So. 3d 411)“…the authority to enjoin stalking and/or cyberstalking under section 784.0485, Florida Statutes (2015). “A person who willfully, malici…”
- In Re: Amendments to the Florida Supreme Court Approved Family Law Forms (Supreme Court of Florida 2015, 40 Fla. L. Weekly Supp. 163)“…section 784.046, Florida Statutes; or Stalking filed under section 784.0485, Florida Statutes, has been reviewed. This Court has juri…”
- In Re AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS (Supreme Court of Florida 2014, 39 Fla. L. Weekly Supp. 470)“…section 784.046, Florida Statutes; or Stalking filed under section 784.0485, Florida Statutes, has been reviewed. This Court has juri…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 784.0487Violation of an injunction for protection against stalking or cyberstalking.In force
(1) If the injunction for protection against stalking or cyberstalking has been violated and the respondent has not been arrested, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred. The clerk shall assist the petitioner in preparing an affidavit in support of reporting the violation or directing the petitioner to the office operated by the court that has been designated by the chief judge of that circuit as the central intake point for violations of injunctions for protection where the petitioner can receive assistance in the preparation of the affidavit in support of the violation. (2) The affidavit shall be immediately forwarded by the office assisting the petitioner to the state attorney of that circuit and to such judge as the chief judge determines to be the recipient of affidavits of violations of an injunction. If the affidavit alleges that a crime has been committed, the office assisting the petitioner shall also forward a copy of the petitioner’s affidavit to the appropriate law enforcement agency for investigation.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 3 court opinionsMost recently applied by a court: 2022
Leading cases:
- MEHRDAD SHAHGODARY v. STATE OF FLORIDA (District Court of Appeal of Florida 2022)“…he jury to convict him based on actions that do not violate section 784.0487, Florida Statutes (2019). Finding merit in Defendant’s ar…”
- In Re AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS (Supreme Court of Florida 2014, 39 Fla. L. Weekly Supp. 470)“…provisions, which constitutes a criminal act under Section 784.0487, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABL…”
- In re Amendments to the Florida Supreme Court Approved Family Law Forms (Supreme Court of Florida 2013, 113 So. 3d 781)“…n of its provisions, which constitutes a criminal act under Section 784.0487, Florida Statutes. 3. THIS INJUNCTION IS ENFORCEABLE IN…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 790.233Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking; penalties.In force
(1) A person may not have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence, as issued under s. 741.30 or from committing acts of stalking or cyberstalking, as issued under s. 784.0485. (2) A person who violates subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) It is the intent of the Legislature that the disabilities regarding possession of firearms and ammunition are consistent with federal law. Accordingly, this section does not apply to a state or local officer as defined in s. 943.10(14), holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency, unless otherwise prohibited by the employing agency.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 7 court opinionsMost recently applied by a court: 2016
Leading cases:
- Amendments to the Florida Family Law Rules of Procedure & Family Law Forms (Supreme Court of Florida 2000, 26 Fla. L. Weekly Supp. 13)“…or control any firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for th…”
- Amendments to Florida Supreme Court Approved Family Law Forms-Sexual Violence Forms (Supreme Court of Florida 2004, 871 So. 2d 113)“…or control any firearm or ammunition. It is a violation of section 790.233, Florida Statutes, and a first degree misdemeanor, for th…”
- In re Amendments to the Florida Family Law Rules of Procedure (Supreme Court of Florida 1998, 23 Fla. L. Weekly Supp. 367)“…nst Domestic Violence form 4 currently being used: Under section 790.233, Florida Statutes, it is a first degree misdemeanor for t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 922Unlawful actsIn forcecited in 61 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Leading cases:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Fla. Stat. § 741.30 (Domestic Violence Injunction for Protection)(leg.state.fl.us).gov
- Fla. Stat. § 784.046 (Repeat Violence, Dating Violence, Sexual Violence Injunctions)(leg.state.fl.us).gov
- Fla. Stat. § 784.0485 (Stalking Injunction for Protection)(leg.state.fl.us).gov
- Fla. Stat. § 790.233 (Firearm possession prohibited under injunction)(leg.state.fl.us).gov
- Fla. Stat. 784.0485 (Stalking Injunction)(leg.state.fl.us).gov