How to Get a Domestic Violence Injunction (Protective Order) in Florida

What an injunction is

In Florida, a protective order is called an “injunction for protection against domestic violence.” It is a court order that can require the abuser to stay away from you, your home, your workplace and your children’s school, prohibit any contact, and grant you temporary use of the home and temporary custody arrangements.

You do not need a lawyer to file. Filing is free. You do not need to be a U.S. citizen or have any particular immigration status.

Who can file

You can file if the abuser is your spouse or ex-spouse, a partner you live with or lived with as a family, the other parent of your child, or a close relative by blood or marriage. Florida also has separate injunctions for dating violence, sexual violence, stalking and repeat violence.

Step by step

• Go to the Clerk of Court at your county courthouse (in the Tampa area — Hillsborough County Clerk, Edgecomb or Plant City courthouse). Many certified domestic violence centers help with filing for free.
• Fill out the petition. Describe what happened in your own words, with dates if you can. You can get help from a victim advocate — the clerk can connect you.
• A judge reviews the petition the same day and may grant a temporary injunction immediately, without the abuser present (ex parte).
• The sheriff serves the order on the abuser. A full hearing is scheduled within 15 days, where both sides can speak.
• At the hearing, the judge decides whether to issue a final injunction — for a set period or without an end date.

If the order is violated

Call 911. Violating an injunction is a crime in Florida — the abuser can be arrested immediately. Keep a copy of the order with you: at home, in your bag, at work, at your child’s school.

Where to get help

Certified domestic violence centers in Florida provide free help with injunctions, safety planning, shelter and advocacy — find yours through FCADV (fcadv.org). The National Domestic Violence Hotline is 1-800-799-7233 (24/7). Bay Area Legal Services offers free legal help in the Tampa Bay area to those who qualify.

This article is general information, not legal advice. Every situation is different — a lawyer or a Legal Aid attorney can advise on yours.