Florida Domestic Violence Injunctions

Florida provides several distinct civil injunctions for protection. The most common in divorce contexts is the injunction for protection against domestic violence under Florida Statutes § 741.30. Florida also recognizes injunctions for protection against repeat violence, dating violence, sexual violence, and stalking. Each has its own statute and standard.

Who Qualifies for a Domestic Violence Injunction

A petitioner must be a "family or household member" of the respondent. Under Florida Statutes § 741.28, that includes spouses, former spouses, persons related by blood or marriage, persons who reside together or have resided together as a family, and persons who have a child in common, regardless of whether they were ever married.

The Two Standards

Under Florida Statutes § 741.30(1)(a), an injunction can be granted in either of two situations:

• The petitioner is a victim of domestic violence (which includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death to a family or household member), or
• The petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence

The second standard does not require proof of past violence. It requires proof that, based on the totality of the circumstances, a reasonable person in the petitioner's position would fear imminent harm.

The Two-Step Procedure

Step 1: Temporary Injunction

A petitioner files a verified Petition for Injunction for Protection. The court reviews the petition the same day and decides whether to enter a Temporary Injunction (sometimes called an ex parte injunction). If granted, the temporary injunction takes effect immediately, lasts up to 15 days, and sets a date for a final hearing.

Step 2: Final Hearing

At the final hearing, both parties may appear with counsel, present evidence, and call witnesses. The respondent may testify. The petitioner has the burden to prove the statutory grounds. If the court grants a final injunction, it can be for a fixed period or for an indefinite period, and either party may move to modify or dissolve it later.

What an Injunction Can Order

Florida Statutes § 741.30(6) authorizes broad relief, including:

• An order restraining the respondent from committing further acts of domestic violence
• An order awarding exclusive use of the parties' shared dwelling, regardless of whose name is on the lease or title
• A temporary time-sharing schedule for any minor children, including the option to suspend the respondent's time-sharing entirely
• Temporary child support
• An order directing the respondent to participate in a Batterers' Intervention Program
• Surrender of firearms and ammunition
• Any other relief the court deems necessary for the protection of the petitioner

Interaction With Divorce

An injunction often runs parallel to a divorce. The temporary time-sharing schedule and exclusive use order entered in the injunction case typically govern until the divorce court enters its own temporary or final order. Some judges consolidate the two cases for efficiency.

Consequences for the Respondent

A final injunction has serious consequences. The respondent loses the right to possess firearms or ammunition under federal law (18 U.S.C. § 922(g)(8)). Violating an injunction is a first-degree misdemeanor or, in some cases, a felony. The injunction appears in background checks and may affect professional licenses, security clearances, and immigration status.

Defending Against an Injunction

A respondent has the right to be heard at the final hearing. Effective defense often involves contesting the credibility of the petition, presenting witnesses, introducing text messages and recordings that contradict the allegations, and showing that the petitioner's stated fear is not reasonable. A petition that does not state a current threat of imminent violence may be dismissed.

If you are in immediate danger, call 911. For representation in an injunction case -- as either petitioner or respondent -- call 786-522-1411.