Domestic Violence Injunctions in Florida: How to Protect Yourself and Your Children
Domestic Violence Injunctions in Florida: How to Protect Yourself and Your Children
October is Domestic Violence Awareness Month, a time to remember that abuse happens in every community, including ours in Lake and Orange County. If someone in your home or family has hurt you, threatened you or made you afraid for your safety, Florida law gives you a way to get protection quickly: an injunction for protection against domestic violence, often called a restraining order.
Here is how injunctions work in Florida, what they can do for you and your children, and what to expect from the process.
If you are in immediate danger, call 911. You can also reach the National Domestic Violence Hotline 24/7 at 1-800-799-7233.
What Counts as Domestic Violence in Florida?
Under Florida Statute § 741.28, domestic violence includes assault, battery, sexual assault, stalking, kidnapping, false imprisonment, or any criminal offense that causes physical injury or death, when it is committed by one family or household member against another.
A family or household member includes:
- Spouses and former spouses
- People related by blood or marriage
- People who live together, or have lived together, as a family
- Parents who share a child, even if they never married or lived together
If your situation doesn't fit these definitions, Florida has other types of injunctions for dating violence, repeat violence, sexual violence and stalking.
What Protection Can an Injunction Provide?
Under Florida Statute § 741.30, a judge can order a range of protections, including:
- Ordering the abuser to stay away from you, your home, work or school
- Giving you exclusive use of a shared home
- Setting temporary time-sharing for your children, including awarding up to 100% of the time to you
- Ordering temporary child support or spousal support
- Requiring the abuser to complete a batterers' intervention program
- Awarding care and possession of family pets
- Prohibiting the abuser from having firearms and ammunition
These protections can give you and your children stability while you plan your next steps.
How the Injunction Process Works
1. File a petition. You can file a sworn petition with the clerk of court in the county where you live, where the abuser lives, or where the abuse happened. In Lake County, petitions are handled through the Clerk of Court. There is no filing fee.
2. Temporary injunction. A judge reviews your petition, often the same day. If the judge finds you are in immediate danger, they can issue a temporary (ex parte) injunction without the other person present. A temporary injunction lasts up to 15 days.
3. Service. Law enforcement serves the temporary injunction and hearing notice on the respondent.
4. Final hearing. Both sides can present evidence and witnesses at a hearing. If the judge grants a final injunction, it stays in effect until the court changes or dissolves it.
How Injunctions Affect Custody and Divorce
A domestic violence injunction often overlaps with other family law issues. The temporary time-sharing and support terms in an injunction are meant to be short-term. Longer-term decisions about your children are usually made in a divorce, paternity or custody case.
Florida courts consider evidence of domestic violence when deciding what is in a child's best interests. That evidence can affect parental responsibility, time-sharing and whether mediation is required. Learn more in our article on how child custody is determined in Florida.
Building Your Case
Judges decide injunctions based on evidence. Helpful evidence may include:
- Photos of injuries or property damage
- Threatening texts, emails, voicemails or social media messages
- Medical records and police reports
- Witness statements from people who saw or heard the abuse
- A written timeline of incidents with dates
Keep copies somewhere safe that the abuser can't access, such as with a trusted friend or in a secure online account.
What If an Injunction Is Filed Against You?
Injunctions are serious, and they can affect your time with your children, your home and your right to own firearms. If you have been served with a petition, don't ignore it. Attend the hearing, follow the temporary order exactly, and talk to a family law attorney right away. Violating an injunction can lead to arrest and criminal charges.
Frequently Asked Questions
Does it cost money to file for an injunction in Florida?
No. Florida law prohibits filing fees for domestic violence injunction petitions.
How long does a Florida domestic violence injunction last?
A temporary injunction lasts up to 15 days until the hearing. A final injunction stays in effect until the court modifies or dissolves it.
Can an injunction give me temporary custody of my children?
Yes. A judge can set temporary time-sharing, including awarding up to 100% of the time to the parent who filed, when it's needed to protect the children.
Talk to a Lake County Family Law Attorney
At the Law Office of Jason G. Smith, attorney Jason G. Smith has more than 22 years of experience helping Florida families through domestic violence injunctions, divorce and child custody matters. Whether you need protection or are responding to a petition, we'll help you understand your options and stand up for your rights. Consultations are free, and virtual meetings are available.
Call 407-974-5455, 24/7, or contact us online.
Disclaimer: This article is for general information only and is not legal advice. If you are in immediate danger, call 911. Contact an attorney about your specific situation.
