No. A domestic violence injunction and a criminal domestic violence charge are two separate court cases in Florida, and both can proceed from the same incident at the same time.
Who Files Each One
The alleged victim files the injunction directly with the circuit court, with no filing fee required. The criminal charge works differently: the state attorney decides whether to file it, not the alleged victim. That is why an alleged victim cannot “drop” a criminal domestic violence charge on their own once it’s filed, even if they file or later withdraw the injunction.
Different Standards of Proof
The injunction hearing is civil, decided by a “preponderance of the evidence,” meaning the judge needs to find it more probable than not that domestic violence occurred. The criminal case requires proof “beyond a reasonable doubt,” a far higher bar. This gap means an injunction can be granted even in a case where the criminal charge is later dropped or results in an acquittal, since each proceeding runs on its own standard.
They Don’t Share a Track, or a Clock
An injunction petition can produce a temporary, ex parte order the same day if the judge finds an immediate danger, with a full hearing generally set within about 15 days. A criminal case moves differently: first appearance within 24 hours of arrest, then arraignment, then a pre-trial process that can run for months before a trial or plea. A person can be a year into a pending criminal case while the injunction side has already reached a final ruling, or the reverse.
What Is Said at the Injunction Hearing Can Be Used in the Criminal Case
Here is what catches people off guard: the injunction hearing is on the record, under oath, and anything said there, including on cross-examination, can be used by the state in the related criminal case. Florida’s own standard script for these hearings tells respondents this directly before they testify. A respondent can invoke the Fifth Amendment at the injunction hearing to avoid self-incriminating testimony, and Florida courts have held that doing so can still leave room to win the injunction case, since the judge still has to weigh whatever evidence is on the record.
Courts generally proceed with the injunction hearing even when a related criminal charge is pending. In Speegle v. Rhoden, 236 So. 3d 498 (Fla. 1st DCA 2018), the Florida First District Court of Appeal held that a stay isn’t constitutionally required merely because a criminal case is pending on the same facts. Both proceedings can move forward on their own clocks, which makes the decision of whether to testify, and how much, a strategic call that has to account for both cases.
What Each One Does
An injunction is a civil court order restricting contact, not a criminal conviction on its own. But it is a public record, can affect background checks and certain jobs, and triggers a firearm possession ban under Fla. Stat. § 790.233. A criminal conviction is different: it can mean jail time, probation, and a criminal record, and under Florida law, a domestic battery conviction cannot be expunged, unlike many other records.
Violating Either One Has Its Own Consequences
Violating an injunction is its own crime under Fla. Stat. § 741.31, and willfully violating a no-contact condition tied to pretrial release on certain charges is now its own offense too, under the law that took effect October 1, 2026. Even though the injunction is civil, proving a criminal violation of it still requires the full “beyond a reasonable doubt” standard.
Frequently Asked Questions
Can I be arrested for domestic violence even if the alleged victim doesn’t want to press charges?
Yes. The state attorney, not the alleged victim, decides whether to file criminal charges in Florida.
If the criminal case gets dropped, does the injunction go away too?
No. They’re distinct proceedings with their own outcomes. An injunction can still be granted, or remain in place, regardless of what happens in the criminal case.
Can what I say at the injunction hearing be used against me in the criminal case?
Yes. The injunction hearing is on the record and under oath, and statements made there can be used by the state in a related criminal case. You can invoke the Fifth Amendment to avoid answering a given question, but the judge can still rule on the injunction based on whatever evidence is presented.
Does getting a domestic violence injunction against someone give them a criminal record?
No, not on its own. An injunction is a civil order, not a criminal conviction. A standalone criminal charge is what can lead to a criminal record.
Can a domestic violence injunction affect gun rights?
Yes. Fla. Stat. § 790.233 prohibits someone subject to a domestic violence injunction from possessing firearms.
Which is easier to prove, an injunction or a criminal charge?
The injunction, legally speaking. It requires a lower standard, a “preponderance of the evidence,” while a criminal conviction requires proof “beyond a reasonable doubt.”
Can I get a domestic violence injunction expunged from my record later?
The injunction is a civil record, handled differently than a criminal record. A domestic battery criminal conviction cannot be expunged under Florida law.
What happens if someone violates a domestic violence injunction?
It’s a standalone criminal offense under Fla. Stat. § 741.31, and can result in arrest, even though the injunction started as a civil matter.
Do I need a different attorney for the injunction hearing than for the criminal case?
Not necessarily, but confirm it. The two proceedings follow different rules, so ask directly whether the attorney handles both, and what their experience looks like in each.
Facing both a domestic violence injunction and a related criminal charge at once is disorienting, especially since what happens in one case doesn’t guarantee what happens in the other, and testimony in one can affect the other. If you’re dealing with either, or both, call me directly. Calls reach me, Andre Rouviere, not an intake center, and the first consultation is free with no obligation to hire the firm. See our full Domestic Violence Criminal Defense page for how the firm approaches cases like this, or our guide on the difference between an injunction and a restraining order for more on the injunction process.