How to Get a Restraining Order in Florida
Reviewed by DocDraft Legal Team · Florida · Last updated September 17, 2026
In Florida, the court order that stops abuse is called an injunction for protection against domestic violence, a civil order a judge signs directing an abuser to stop the abuse and stay away from you, governed by Fla. Stat. 741.30. You can seek one if a family or household member has abused you, or you reasonably believe you are in imminent danger of abuse. You start by filing a sworn petition, Florida Supreme Court Approved Family Law Form 12.980(a), with the clerk of the circuit court where you live, where the respondent lives, or where the abuse happened. There is no filing fee (Fla. Stat. 741.30(2)(a)). If the court sees an immediate and present danger, a judge can grant a temporary injunction the same day, without the other person present (Fla. Stat. 741.30(5)). That temporary injunction is effective for a fixed period not to exceed 15 days, until a full hearing. At the hearing the judge decides whether to issue a final injunction, which has no set expiration and stays in effect until the court modifies or dissolves it (Fla. Stat. 741.30(6)). For abuse by someone who is not a family or household member, Florida offers injunctions against repeat, dating, or sexual violence (Fla. Stat. 784.046) and stalking (Fla. Stat. 784.0485). If you are in immediate danger, call 911; the National Domestic Violence Hotline is available at 1-800-799-7233. Attorney review of your petition is available through DocDraft.
Find out where you stand in Florida
Where are you in getting a restraining order?
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How do I get a restraining order in Florida?
File a sworn petition for an injunction for protection against domestic violence with the clerk of the circuit court in your county. There is no filing fee (Fla. Stat. 741.30(2)(a)). A judge reviews it the same day and can sign a temporary injunction, then sets a full hearing.
How long does it take to get a restraining order in Florida?
A judge can sign a temporary injunction the same day you file, without the respondent present, if your sworn petition shows an immediate and present danger of domestic violence (Fla. Stat. 741.30(5)). The full hearing is set no later than the day the temporary injunction expires, within 15 days.
How long does a domestic violence injunction last in Florida?
A temporary injunction lasts a fixed period not to exceed 15 days, until the full hearing (Fla. Stat. 741.30(5)(c)). A final injunction issued after the hearing has no set expiration date; it remains in effect until the court modifies or dissolves it, and either party can ask to change it (Fla. Stat. 741.30(6)).
Which court handles restraining orders in Florida?
Injunctions for protection are handled by the circuit court. You file with the clerk of the circuit court where you live, where the respondent lives, or where the domestic violence occurred, and there is no minimum residency requirement (Fla. Stat. 741.30(1)). The Florida Courts self-help resources provide the forms.
Florida injunction for protection law at a glance
In Florida, an injunction for protection against domestic violence protects you from abuse by a family or household member, under Fla. Stat. 741.30. You ask for one by filing a sworn petition (Family Law Form 12.980(a)) with the clerk of the circuit court, and there is no filing fee (Fla. Stat. 741.30(2)(a)). If your petition shows an immediate and present danger, a judge can grant a temporary injunction the same day, without notice to the respondent. That temporary injunction is effective for a fixed period not to exceed 15 days, until a full hearing (Fla. Stat. 741.30(5)(c)). If the judge grants a final injunction, it has no set expiration and remains in effect until the court modifies or dissolves it (Fla. Stat. 741.30(6)). No bond is required to enter the injunction.
Getting a Florida injunction after threats from an ex-partner
Florida grants a domestic violence injunction with no filing fee, and a judge can sign a temporary one the same day. Suppose a former partner who lived with you has been showing up at your home and sending threatening messages. You file a sworn petition (Form 12.980(a)) with the clerk of the circuit court at no cost (Fla. Stat. 741.30(2)(a)). That afternoon, a judge finds an immediate and present danger and signs a temporary injunction effective for up to 15 days (Fla. Stat. 741.30(5)(c)), setting a full hearing. A sheriff's deputy serves your ex for free. At the hearing you show the messages and testify, and the judge enters a final injunction with no set expiration (Fla. Stat. 741.30(6)). Attorney review of your petition is available through DocDraft.
Relevant Laws
Fla. Stat. 741.30(5)(c) (temporary ex parte injunction, up to 15 days)
Provides that any such ex parte temporary injunction shall be effective for a fixed period not to exceed 15 days, and that a full hearing shall be set for a date no later than the date when the temporary injunction ceases to be effective.
Fla. Stat. 741.30(2)(a) (no filing fee)
Provides that, notwithstanding any other law, the assessment of a filing fee for a petition for protection against domestic violence is prohibited, and that the clerk of the circuit court shall assist petitioners in seeking the injunction.
Fla. Stat. 741.30(6) (final injunction, duration until modified or dissolved)
Authorizes the court, upon notice and hearing, to grant a final injunction for protection. The terms restraining the respondent and other relief for the victim shall remain in effect until modified or dissolved, and either party may move at any time to modify or dissolve the injunction.
Fla. Stat. 784.046 and 784.0485 (repeat, dating, sexual violence, and stalking injunctions)
Create causes of action for injunctions for protection against repeat violence, dating violence, or sexual violence (784.046) and against stalking (784.0485), for people who are not family or household members and cannot use the domestic violence statute.
Regional Variances
Florida injunction for protection rules at a glance
Order name
Injunction for Protection Against Domestic Violence, issued under Fla. Stat. 741.30. Separate injunctions cover repeat, dating, or sexual violence (Fla. Stat. 784.046) and stalking (Fla. Stat. 784.0485) for people who are not family or household members.
Where to file
The circuit court, filed with the clerk of the circuit court where you live, where the respondent lives, or where the abuse occurred. There is no filing fee (Fla. Stat. 741.30(2)(a)) and no minimum residency requirement.
Emergency and temporary orders
If your sworn petition shows an immediate and present danger, a judge can grant a temporary injunction ex parte the same day. It is effective for a fixed period not to exceed 15 days, until the full hearing (Fla. Stat. 741.30(5)(c)).
Final order duration
After the full hearing, a final injunction has no set expiration date. It remains in effect until the court modifies or dissolves it, and either party may move at any time to change it (Fla. Stat. 741.30(6)).
Main form
Florida Supreme Court Approved Family Law Form 12.980(a), the Petition for Injunction for Protection Against Domestic Violence, filed with related temporary-injunction and notice-of-hearing forms available free through the Florida Courts self-help resources.
Suggested Compliance Checklist
Complete the petition for an injunction for protection (Form 12.980(a))
As soon as possible after the abuse days after startingFill out Florida Supreme Court Approved Family Law Form 12.980(a), describing the abuse, your relationship, and specific dates in a sworn statement. The clerk of the circuit court must assist you, and the Florida Courts self-help resources provide the forms free. Attorney review of your petition is available through DocDraft.
File your petition with the clerk of the circuit court
Same day you finish the forms days after startingFile the petition with the clerk of the circuit court where you live, where the respondent lives, or where the abuse occurred. There is no filing fee (Fla. Stat. 741.30(2)(a)) and no minimum residency requirement. Ask the clerk when the judge will decide on your temporary injunction.
Get and carry the temporary injunction
Same day the judge signs it days after startingIf the judge grants a temporary injunction (Fla. Stat. 741.30(5)), get the signed copy and keep it with you. It is effective for a fixed period not to exceed 15 days, until your full hearing. Note your hearing date from the court's order.
Arrange service on the respondent
Before the full hearing days after startingThe sheriff serves the respondent with your petition and the temporary injunction at no charge before the hearing. Service is required for the injunction to be enforced and for the judge to enter a final injunction. Confirm with the clerk that service was completed.
Attend the full hearing with your evidence
On the hearing date the court set days after startingGo to the full hearing and bring photos, messages, and any witnesses. Both sides can testify. The judge decides whether to issue a final injunction (Fla. Stat. 741.30(6)). If you miss the hearing, your temporary injunction can expire without a final order.
Keep your final injunction and move to change it if needed
While the injunction is in effect days after startingA final injunction has no set expiration and stays in effect until the court modifies or dissolves it (Fla. Stat. 741.30(6)). Keep a copy with you at all times. Either party can move at any time to modify or dissolve it, so track any change to your circumstances.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Complete the petition for an injunction for protection (Form 12.980(a)) | Fill out Florida Supreme Court Approved Family Law Form 12.980(a), describing the abuse, your relationship, and specific dates in a sworn statement. The clerk of the circuit court must assist you, and the Florida Courts self-help resources provide the forms free. Attorney review of your petition is available through DocDraft. | - | As soon as possible after the abuse |
| File your petition with the clerk of the circuit court | File the petition with the clerk of the circuit court where you live, where the respondent lives, or where the abuse occurred. There is no filing fee (Fla. Stat. 741.30(2)(a)) and no minimum residency requirement. Ask the clerk when the judge will decide on your temporary injunction. | - | Same day you finish the forms |
| Get and carry the temporary injunction | If the judge grants a temporary injunction (Fla. Stat. 741.30(5)), get the signed copy and keep it with you. It is effective for a fixed period not to exceed 15 days, until your full hearing. Note your hearing date from the court's order. | - | Same day the judge signs it |
| Arrange service on the respondent | The sheriff serves the respondent with your petition and the temporary injunction at no charge before the hearing. Service is required for the injunction to be enforced and for the judge to enter a final injunction. Confirm with the clerk that service was completed. | - | Before the full hearing |
| Attend the full hearing with your evidence | Go to the full hearing and bring photos, messages, and any witnesses. Both sides can testify. The judge decides whether to issue a final injunction (Fla. Stat. 741.30(6)). If you miss the hearing, your temporary injunction can expire without a final order. | - | On the hearing date the court set |
| Keep your final injunction and move to change it if needed | A final injunction has no set expiration and stays in effect until the court modifies or dissolves it (Fla. Stat. 741.30(6)). Keep a copy with you at all times. Either party can move at any time to modify or dissolve it, so track any change to your circumstances. | - | While the injunction is in effect |
Frequently Asked Questions
No. Florida prohibits charging a filing fee for a petition for protection against domestic violence. Fla. Stat. 741.30(2)(a) states that, notwithstanding any other law, the assessment of a filing fee for a petition for protection against domestic violence is prohibited. No bond is required to enter the injunction either.
If your sworn petition shows an immediate and present danger of domestic violence, a judge can grant a temporary injunction ex parte, meaning without the respondent present (Fla. Stat. 741.30(5)). It is effective for a fixed period not to exceed 15 days, until the full hearing, and can be extended if the hearing is continued.
You can file if the person who abused you is a family or household member and you are a victim of domestic violence or have reasonable cause to believe you are in imminent danger of becoming one (Fla. Stat. 741.30(1)). For abuse by someone outside that group, you use a repeat, dating, sexual violence, or stalking injunction instead.
You file Florida Supreme Court Approved Family Law Form 12.980(a), the Petition for Injunction for Protection Against Domestic Violence. Related forms cover the temporary injunction and notice of hearing. The clerk of the circuit court must assist you, and the Florida Courts self-help resources provide the current forms at no charge.
At the full hearing, both you and the respondent can attend, present evidence, and testify. The judge decides whether to issue a final injunction and what terms to include, such as no contact and stay-away provisions (Fla. Stat. 741.30(6)). The court can continue the hearing for good cause, and the injunction is extended during any continuance.
There is no minimum residency requirement to petition for an injunction for protection in Florida (Fla. Stat. 741.30(1)). You file in the circuit where you currently or temporarily reside, where the respondent resides, or where the domestic violence occurred. You do not have to have lived in the state or county for any set time.
Violating an injunction for protection is a crime in Florida. Call the police, who can arrest the respondent, and the court can also hold the person in contempt. Keep a copy of your injunction with you and report every violation. Active injunctions are entered in a statewide registry so any officer can enforce them.
No. Florida courts are set up for people to request injunctions for protection on their own, and the clerk of the circuit court must assist you with the forms at no charge. Many people file without a lawyer. Legal help can be useful if the case is contested or the respondent has an attorney.
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