People use “restraining order” constantly in everyday conversation, but Florida does not use that term as a formal legal category. What Florida law provides is called an injunction for protection, and understanding that terminology matters if you are trying to research your own situation.
Why does the term “restraining order” confuse people in Florida?
“Restraining order” is common in other states and in popular culture, so people search for it, use it in conversation, and sometimes assume it is a different or lesser protection than what Florida offers. In practice it describes the same concept as Florida’s injunction for protection, just under a different name.
What does Florida call a restraining order?
Florida law provides injunctions for protection, and there are several distinct categories depending on the relationship between the parties and the nature of the alleged conduct: domestic violence, repeat violence, dating violence, sexual violence, and stalking each have their own specific injunction category with somewhat different requirements.
Why does the type of injunction matter?
The specific type of injunction determines what has to be shown to obtain it, what relationship exists between the parties for it to apply, and what the injunction restricts. A domestic violence injunction and a stalking injunction are not interchangeable, even though both restrict contact.
What does an injunction do?
Depending on the type, an injunction can prohibit contact, require a person to stay away from a residence or workplace, and in some cases address custody or possession of a shared residence, even without a criminal charge being filed.
Does it matter if I am seeking an injunction or facing one?
If you are trying to obtain protection or you have been served with a petition for an injunction, the specific category matters for how the hearing proceeds and what has to be proven. This is a civil proceeding, separate from any criminal charges that may also apply, and the two do not resolve together: see our piece on whether a domestic violence victim can drop the charges for how that separation plays out on the criminal side.
What should I do if I need help with an injunction?
Whether you are seeking an injunction or responding to one, understanding what is being requested and what the hearing will involve is the first step. The first consultation is free and confidential, with no obligation to retain.