Florida law does not use “restraining order” as a formal legal category. What Florida provides is called an injunction for protection, and knowing the correct term matters if you are researching your own situation.
Why does everyone say “restraining order” then?
“Restraining order” is common in other states and in popular culture, so people search for it and use it in conversation without realizing Florida law describes the same protection differently. The protection is the same. Only the name is different.
What does Florida call it instead, and what are the categories?
Florida law provides injunctions for protection under several distinct statutes, each with its own requirements: domestic violence (Fla. Stat. § 741.30), repeat violence, dating violence, and sexual violence (Fla. Stat. § 784.046), and stalking (Fla. Stat. § 784.0485). The category that applies depends on the relationship between the parties and the nature of the alleged conduct.
How fast can an injunction be granted?
Often the same day. A judge can issue a temporary injunction ex parte, meaning without the other party present, based solely on the petitioner’s sworn statement, if the facts show an immediate danger. Florida law then requires a full hearing, with both sides present, within 15 days. What happens at that hearing determines whether the injunction becomes final or is dismissed.
What is the difference between a temporary and a permanent injunction?
A temporary injunction is issued quickly, often ex parte, and lasts only until the 15-day hearing. What follows that hearing, if both sides have now been heard, is a permanent injunction. Despite the name, it does not necessarily last forever: the judge sets a specific duration, which can range from a defined period of months or years to an indefinite term, depending on the case.
What can an injunction restrict?
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 ever being filed.
What happens if someone violates an injunction?
Violating an injunction opens a separate criminal case under Florida law, even though the injunction itself is civil. An arrest can follow immediately, even for contact that seems minor, such as a text message or a single phone call.
Does this affect both sides of the case the same way?
Yes, though differently. If you are trying to obtain protection or you have been served with a petition for an injunction, the specific category shapes how the hearing proceeds and what has to be proven. This is a civil proceeding, separate from any criminal charges that may also apply. See our Domestic Violence page for how petitioner and respondent representation works in Miami-Dade and Broward family court.
What should I do if I am on either side of this?
Whether you are seeking an injunction or responding to one, understanding what is being requested and what the 15-day hearing will involve is the first step. The first consultation is free and confidential, with no obligation to retain.