When someone is experiencing threats, abuse, or harassment, a restraining order, also known as an injunction for protection, can be a critical legal safeguard. In Florida, these protective orders are designed to prevent further harm by legally restricting the offender’s contact with the victim. Whether the situation involves domestic violence, stalking, or other dangerous behavior, the purpose of a restraining order is to create a safer environment and offer peace of mind. Understanding how to file a restraining order in Florida is the first step toward regaining control and safety in a volatile situation.
These legal tools are essential in family and domestic violence law, where emotions often run high and safety can quickly become a concern. A restraining order helps ensure that vulnerable individuals, such as spouses, former partners, children, or stalking victims, are legally protected from further abuse or intimidation.
In this guide, we’ll walk you through the protective order process in Florida, from the different types of injunctions available to the exact steps for filing, what to expect in court, and how legal support can make a difference.
Table of Contents
What Is a Florida Restraining Order?
In Florida, a restraining order, officially known as an injunction for protection, is a civil court order designed to protect individuals from violence, threats, or harassment. While commonly associated with domestic situations, these injunctions apply to a wide range of circumstances, including stalking, dating violence, repeat violence, and sexual violence.
Unlike criminal charges, restraining orders are civil in nature. This means the person seeking protection (the petitioner) does not need to press criminal charges to request the order. Instead, they ask the court to issue legal restrictions on another individual (the respondent) who has caused or threatened harm.
Everyday situations that lead to restraining orders in Florida include domestic disputes, threats of violence, harassment by a former partner, or ongoing stalking by an acquaintance or stranger. These orders often prohibit contact, require the respondent to maintain a certain distance, or even remove them from a shared residence, depending on the circumstances.
5 Types of Injunctions Available in Florida
Florida offers five main types of protective injunctions, each designed to address specific forms of violence or harassment. Understanding the differences between them is crucial for selecting the appropriate kind of protection based on the relationship between the parties and the nature of the threat.
- Domestic Violence Injunction: This applies when the petitioner and respondent are family or household members, such as spouses, ex-spouses, relatives by blood or marriage, or individuals who live(d) together as a family. It’s used in cases involving physical violence, threats, or other abusive behavior within a domestic setting.
- Repeat Violence Injunction: This type of injunction applies when there have been at least two separate incidents of violence or stalking, and one of those incidents occurred within the past six months. It is commonly used when parties do not share a domestic or dating relationship, such as disputes between neighbors, coworkers, classmates, or acquaintances.
- Dating Violence Injunction: This protects individuals who are currently in or have been in a romantic or intimate relationship. The relationship must have existed within the past six months and involved continuous interaction. It’s commonly used among dating partners who do not live together.
- Sexual Violence Injunction: This type of injunction is available to anyone who has been a victim of sexual violence, regardless of their relationship to the offender. To qualify, the petitioner must have either reported the incident to law enforcement and cooperated with any criminal proceeding, or the respondent must have been sentenced for the offense and be due for release within 90 days. Cooperation alone is insufficient unless a report has been filed or an active criminal case is in existence.
- Stalking Injunction: This type of injunction is available for individuals experiencing stalking or cyberstalking, regardless of whether a personal relationship exists. It protects against repeated unwanted contact, surveillance, or online harassment.
Choosing the correct injunction is vital in ensuring the court can provide appropriate and enforceable protection. Each type serves a specific legal purpose, and the right fit depends on the circumstances of the abuse or harassment
How to File for a Restraining Order in Florida: Step-by-Step Process
Filing a restraining order in Florida may seem overwhelming, but the process is designed to be accessible, especially for those who urgently need protection. This section walks you through each step a petitioner must take to request an injunction for protection through the Florida court system.
Step One: Determine Which Type of Restraining Order Is Appropriate
Before you begin filing, it’s essential to identify the type of injunction that fits your situation. Florida’s courts require you to choose from five protective orders tailored to different relationships and circumstances. Your relationship with the respondent and the nature of the harm or threat (e.g., physical abuse, stalking, sexual violence) will determine which petition you must file. Getting this right ensures your case is heard under the correct legal framework.
Step Two: Determine Where to File
In Florida, you must file your petition in the correct county to avoid delays. Jurisdiction typically falls under one of three options: where the petitioner lives, where the respondent lives, or where the incident occurred. Most people file in their local county courthouse, but confirming you’re filing in the appropriate venue is crucial. If unsure, an attorney can help clarify jurisdictional rules and knows how to file a restraining order online.
Step Three: Obtain, Complete, and File Your Forms
Once you’ve identified the appropriate injunction and filing location, the next step is to get the paperwork. Forms are available at the courthouse or online through the Florida Courts’ website or your local clerk of court’s portal. In Pinellas County, self-represented individuals can download the required forms and find filing instructions on the Pinellas County Clerk of the Circuit Court website. These forms require you to describe the history of violence or harassment, list any previous incidents, and explain why protection is necessary. Be as specific and honest as possible to strengthen your case.
Step Four: Temporary Injunctions and the Initial Court Review
After submitting your petition, a judge will review it, often on the same day. If the facts suggest you are in immediate danger, the judge may issue a temporary injunction without a hearing. This legally binding order may restrict the respondent from contacting or approaching you. Temporary injunctions typically last up to 15 days, until a formal hearing can be scheduled for a final decision.
Step Five: Prepare for and Attend the Hearing
The court will schedule a hearing to determine whether a final injunction should be issued. The petitioner and respondent can present evidence, call witnesses, and answer the judge’s questions. To prepare, gather any relevant documentation (such as texts, photos, and police reports) that supports your claims. Practicing or writing down what you plan to say is also wise. The entire process, from filing to final decision, can take several weeks, depending on the court’s calendar. Still, emergency protections remain active during this time if a temporary order has been granted.
Step Six: Final Injunctions and What They Include
If the court finds sufficient grounds, it will issue a final injunction. This order may include terms. such as no contact, surrender of firearms, removal from a shared home, and other conditions based on the circumstances. Final injunctions can be issued for a specific duration (e.g., one year) or remain in place until modified or dissolved by the court. Violating any terms of a final injunction can result in arrest and criminal penalties, so both parties should take its provisions seriously.
How Much Does It Cost to File a Restraining Order in Florida?
One of the most important things to know about filing a restraining order in Florida is that there is no filing fee for protection injunctions. Florida law ensures that anyone facing violence or threats can seek legal protection without financial barriers.
In most cases, the court will waive related court costs for petitioners. This includes administrative fees or processing charges typically applied in other civil filings. If you’re concerned about affordability, you can request a waiver when submitting your petition, and the judge will review your financial situation to determine if a waiver is appropriate.
While filing the injunction itself is free, some additional expenses may arise, depending on your case:
- Service of Process: The respondent must be officially notified of the injunction and hearing. In domestic violence cases, law enforcement typically handles this at no cost to the petitioner. Still, a private process server may be required in other situations, which may incur a small fee.
- Legal Representation: While not required, hiring an attorney can help you navigate the process, present more substantial evidence, and feel more confident in court. Some legal aid organizations in Florida offer free or low-cost services to individuals who meet the qualifications.
Seeking protection shouldn’t come at a financial cost, and in Florida, the legal system is structured to support your safety, regardless of income.
Do You Need an Attorney to File a Restraining Order?
You are not legally required to hire an attorney to file a restraining order in Florida. The forms and process are designed to be accessible for individuals representing themselves, especially in urgent or straightforward situations. Many people successfully file independently by following the court’s instructions and providing clear evidence of the threat or abuse.
However, legal guidance can be invaluable, especially in complex or high-stakes cases. Suppose you’re dealing with issues like shared custody, contested facts, or ongoing harassment that’s difficult to document. In that case, an experienced attorney can ensure your petition is accurate, detailed, and supported by the strongest available evidence. They can also represent you in court, help you prepare for the hearing, and clarify what to expect throughout the process.
In emotionally charged cases or when the respondent has legal representation, having an attorney on your side can provide peace of mind and increase the likelihood of a favorable outcome. Many family law firms and legal aid organizations in Florida support those seeking protection.
Enforcing Your Injunction in Florida
Once a restraining order is granted, it becomes a legally enforceable court order. That means law enforcement has the authority to intervene immediately if the respondent violates any of its terms, whether by contacting you, showing up at your home, or sending a message.
To enforce the injunction, you should:
- Keep a copy of the order with you at all times, and provide copies to places where enforcement may be necessary, like your workplace, your child’s school, or your apartment complex.
- Report any violations immediately to your local police department or sheriff’s office. Provide as much detail as possible, including specific times, dates, and a description of what happened. Even minor violations should be documented and reported.
- Call 911 in emergencies, especially if you feel threatened or the respondent tries to make in-person contact.
Violating a protective injunction in Florida is a criminal offense. Depending on the nature of the violation, the respondent could be arrested on the spot, charged with a misdemeanor or felony, and potentially face jail time.
Enforcement gives your injunction real power. However, it’s crucial to remain vigilant, report issues promptly, and follow up with the relevant legal channels to maintain your protection.
Common Challenges and Mistakes When Filing
Filing a restraining order in Florida is a serious legal step, and even minor mistakes can delay protection or result in a denial. Knowing the most common pitfalls can help you avoid them and strengthen your petition.
Some of the most frequent challenges include:
- Incomplete or inaccurate forms: Failing to fill out every section or omitting important details about the abuse or threats can weaken your case. Always double-check your paperwork before submitting it to ensure accuracy and completeness.
- Unclear or vague evidence: Judges need specific information to grant an injunction. Avoid general statements like “he made me feel unsafe.” Instead, describe what was said or done, when it happened, and how it affected you.
- Missing deadlines or hearing dates: If you don’t attend your scheduled hearing, your temporary injunction may expire, and your petition could be dismissed. Mark your court date on your calendar and arrive early with all necessary documents.
- Requesting the wrong type of injunction: Choosing the wrong category, such as filing for domestic violence when the relationship qualifies as dating violence, can delay your case or lead to denial. Review each type carefully or consult an attorney if you’re unsure.
To avoid these setbacks, take your time with the forms, be specific and factual, and consider seeking legal support for guidance. A well-prepared petition not only improves your chances of receiving protection, but it also helps the court take swift and appropriate action.
Need Help Filing a Restraining Order in Florida?
Filing a restraining order can be one of the most critical steps to protect yourself or your loved ones, but it doesn’t have to be something you face alone. At Golden Key Law Group, PLLC, we understand the urgency, stress, and complexity of seeking legal protection. Our team is experienced in guiding clients through how to file a restraining order against someone in Florida, from the initial paperwork to courtroom representation.
Whether your case involves domestic violence, stalking, or another serious threat, our attorneys can guide you through every step, from completing forms to courtroom representation. We regularly assist clients seeking protection through Florida’s injunction process, offering personalized support and strategic legal advocacy every step of the way.
Contact us today to schedule a consultation and take the first step toward securing the protection you deserve.
FAQs
What Are the Requirements for a Restraining Order in Pinellas County, Florida?
In Pinellas County, a person can file a restraining order, also called an injunction for protection, if they are in immediate danger of becoming a victim of violence or have already experienced abuse, stalking, or harassment. The type of injunction filed (e.g., domestic violence, dating violence, stalking) determines the specific legal requirements. Petitioners must provide sworn statements and as much detail or documentation as possible to support their claim. Local clerks at the Pinellas County Courthouse can assist you with the correct paperwork based on your specific situation.
How Much Does It Cost To Put a Restraining Order on Someone in Pinellas County?
There is no filing fee to request a restraining order in Pinellas County. The court waives all fees for injunctions for protection. In most domestic violence cases, the Pinellas County Sheriff’s Office will serve the respondent at no cost. In other cases, a private process server may be required, which could result in a fee; however, fee waivers are available to those who qualify financially. You can request one when submitting your petition.
How To Get a No-Contact Order in Pinellas County?
In Pinellas County, no-contact orders are issued in criminal and civil cases. If there are criminal charges (such as assault or battery), the judge may issue a no-contact order as part of the bail or sentencing conditions. For civil protection, you can request no-contact terms through a restraining order. When filing your injunction for protection at the Pinellas County Courthouse, you can ask the judge to include no-contact provisions to prevent the respondent from calling, texting, visiting, or otherwise reaching out to you.
How Long Does It Take To File a Restraining Order?
In Florida, filing a restraining order can typically be completed the same day you submit your petition, especially in urgent situations. If the judge believes you’re in immediate danger, they may issue a temporary injunction within hours, without a formal hearing. A full hearing for a final injunction is usually scheduled within 15 days, depending on the court’s calendar and location. The exact timeline may vary by county, but emergency protection begins when the temporary order is granted.
What Is the Fastest Way To Get a Restraining Order in Pinellas County?
The fastest way to obtain protection in Pinellas County is by requesting a temporary injunction when you file. If the judge determines you’re at immediate risk, they may issue a same-day temporary restraining order without holding a hearing or notifying the respondent. This order goes into effect immediately and remains valid until your scheduled hearing, typically held within 15 days at the St. Petersburg or Clearwater courthouse, depending on where you filed.
