If you are experiencing threats, harassment, or violence, Florida law provides a way to seek protection through a restraining order—officially called an injunction for protection. Understanding how the process works can help you take quick, effective action to protect yourself and your family.

What Is a Restraining Order in Florida?
In Florida, a restraining order is a court order that limits or prohibits contact between you and another person. These orders are commonly issued in situations involving domestic violence, stalking, dating violence, or repeat violence. Once granted, the injunction may require the other party to stay away from you, your home, your workplace, or your children.
Types of Restraining Orders in Florida
Florida recognizes several types of injunctions, including:
-
Domestic Violence Injunction – For violence or threats from a spouse, former spouse, family member, or someone you live with
-
Dating Violence Injunction – For individuals in a current or recent romantic relationship
-
Stalking Injunction – For repeated harassment or cyberstalking
-
Repeat Violence Injunction – For two or more acts of violence or stalking
-
Sexual Violence Injunction – For victims of sexual assault or abuse
The type of injunction you request depends on your relationship with the person and the nature of the behavior.
Step 1: File a Petition
To start the process, you must file a Petition for Injunction for Protection with the clerk of court in your county. You can file in person or, in many counties, online through the Florida Courts website.
There is no filing fee for seeking a restraining order.
In your petition, you will be asked to:
-
Describe your relationship with the respondent
-
Explain what happened, including dates, locations, and specific threats or acts
-
State why you believe you are in danger
Be as detailed and accurate as possible. Judges rely heavily on this information when deciding whether to grant temporary protection.
Step 2: Temporary Injunction Review
After you file, a judge will review your petition—often the same day. If the judge believes you are in immediate danger, they may issue a temporary injunction without the other party present. This temporary order typically lasts up to 15 days.
If the judge does not find sufficient evidence for immediate danger, they may deny the temporary injunction but still schedule a hearing.
Step 3: Service of Process
If a temporary injunction is issued, law enforcement will serve the papers on the respondent. The injunction does not take effect until the respondent has been officially served.
Once served, the respondent must comply with all terms of the order, including no-contact provisions and stay-away requirements.
Step 4: Court Hearing
A final hearing is scheduled within about 15 days of the temporary injunction. Both parties have the right to attend, present evidence, call witnesses, and testify.
At the hearing, the judge will decide whether to:
-
Dismiss the case
-
Grant a final injunction
-
Extend or modify the injunction
A final restraining order can last for a specific period or be issued indefinitely, depending on the circumstances.
What Happens If the Order Is Violated?
Violating a restraining order is a criminal offense in Florida. If the respondent violates the injunction, you should contact law enforcement immediately. Penalties may include arrest, fines, and jail time.
Do You Need a Family Law Attorney?
While you are not required to have an attorney, working with a family law lawyer can be extremely helpful—especially if the case involves disputed facts, children, or false allegations. An attorney can help you prepare your petition, gather evidence, and present your case effectively in court.
Final Thoughts
Seeking a restraining order can be an important step toward safety and peace of mind. If you believe you are in danger, act quickly and document everything. Florida courts take these matters seriously, and legal protection is available to those who need it.
Ossian, Zdravko & Gregg, LLC practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.
For more information, visit our website at https://www.attorney-palm-harbor.com/
or call (727) 787-5919.







