If you’ve been served a restraining order in Florida, take it seriously. Read every page carefully, follow the order exactly, note the hearing date, and start preparing your response. A temporary injunction can be granted without your input—but you’ll soon have a chance to be heard. Violating the order, even accidentally, can lead to criminal charges. Understanding the process is the best way to protect your rights.

Understanding Restraining Orders in Florida

In Florida, restraining orders are known as injunctions for protection. These are court orders that restrict a person’s contact with another due to allegations of harassment, violence, or threats. The goal is to prevent further harm or fear of harm.

Florida law recognizes five main types of injunctions, each tied to a different statute:

  1. Domestic Violence Injunctions – For family or household members who have experienced or fear domestic violence.
  2. Repeat Violence Injunctions – For victims of two or more incidents of violence or stalking.
  3. Dating Violence Injunctions – For individuals in a continuing romantic or intimate relationship.
  4. Sexual Violence Injunctions – For victims of sexual battery or similar acts.
  5. Stalking or Cyberstalking Injunctions – For individuals harassed through in-person or electronic means.

Each type carries its own legal requirements, standards of proof, and consequences. Understanding which type you’ve been served helps you prepare effectively for what comes next.

Step 1: Read the Papers Carefully

The paperwork you receive will outline the allegations, restrictions, and a court hearing date. It may order you to:

  • Stay away from the petitioner’s home, school, or workplace.
  • Avoid any form of contact—calls, texts, emails, or social media messages.
  • Surrender firearms and ammunition.
  • Leave a shared home (in domestic violence cases).

Even if the claims seem exaggerated or false, you must comply until the court modifies or dissolves the order. Ignoring or violating it can result in arrest and criminal charges under Florida Statute §784.047.

Step 2: Recognize What Type of Injunction You’re Facing

Each injunction type follows its own rules and evidence requirements:

  • Domestic Violence (§741.30): Applies when a family or household member is a victim or fears imminent domestic violence.
  • Repeat or Dating Violence (§784.046): Requires proof of at least two incidents of violence or threats.
  • Stalking/Cyberstalking (§784.0485): Involves willful, malicious, and repeated harassment or digital monitoring.

You can confirm the applicable statute by looking at the header or case number on your injunction paperwork. This detail will guide how to prepare for the upcoming hearing.

Step 3: Note the Timeline—Hearings Move Fast

Florida courts can issue temporary injunctions (ex parte) without hearing from you. These orders are short-term, typically lasting no more than 15 days. A full hearing will then be scheduled—usually before the temporary order expires.

At this hearing, you’ll have the opportunity to present your side of the story. Missing this hearing could lead to a final injunction being entered against you, potentially lasting months, years, or indefinitely.

Step 4: Follow Every Restriction Exactly

Until the court changes the order, strict compliance is crucial. Common restrictions include:

  • No contact of any kind with the petitioner.
  • Staying a specific distance away from certain locations.
  • Temporary loss of firearm rights.
  • Temporary custody or visitation limits (in domestic cases).

Even indirect contact—such as sending messages through a friend or posting about the petitioner online—can violate the order. Police take these violations seriously, and they can lead to arrest and jail time.

Step 5: Understand the Consequences of Violating an Injunction

Violating a protective order is a first-degree misdemeanor in Florida, punishable by up to one year in jail and a $1,000 fine. Repeat violations can result in felony charges.

If a final injunction is issued, Florida Statute §790.233 prohibits firearm and ammunition possession while the order is active. Violating this condition can lead to additional criminal penalties and permanent restrictions.

Step 6: Prepare for the Court Hearing

Your hearing is your opportunity to respond to the allegations. Preparation can make a significant difference in how the judge views your case.

Here’s how to get ready:

  • Gather Evidence: Collect text messages, emails, call logs, or social media posts that support your version of events.
  • Identify Witnesses: Ask anyone who directly witnessed interactions or incidents to attend.
  • Organize Documents: Bring records like police reports, GPS data, or digital evidence.
  • Stay Professional: Dress appropriately, be respectful, and speak clearly in court.
  • Avoid Contact: Don’t attempt to contact the petitioner for clarification or evidence—this could violate the injunction.

If possible, speak with a criminal defense attorney who understands Florida injunction laws. A lawyer can help you prepare evidence, file responses, and represent you effectively in court.

Step 7: Know What Happens at the Hearing

During the hearing, both sides will present evidence and testimony. The judge will then decide whether to:

  • Deny the petition and dismiss the injunction.
  • Extend the temporary injunction for a short period.
  • Issue a Final Injunction with specific conditions.

If a final injunction is issued, it may:

  • Last for a defined period or indefinitely.
  • Restrict contact, proximity, or communication with the petitioner.
  • Affect your ability to possess firearms.
  • Impact housing, employment, or licensing background checks.

Judges base decisions on the evidence presented and the credibility of witnesses, not on emotions or assumptions. Bring only relevant and factual materials.

Step 8: Common Issues and Defenses

While every case is different, Florida courts frequently review injunction appeals that highlight common legal issues:

  • Lack of “Imminent” Threat: The alleged fear must be immediate and objectively reasonable—not based on old or isolated incidents.
  • Insufficient Evidence: Claims without physical proof or credible witnesses may not meet the required legal standard.
  • No Qualifying Relationship: For domestic or dating violence injunctions, the parties must meet specific statutory definitions.
  • Improper Venue: The case must be filed where the petitioner or respondent resides or where the alleged conduct occurred.

These factors can influence whether a judge grants, modifies, or dismisses an injunction.

Step 9: After the Hearing—Next Steps

If the judge denies the injunction, the temporary order is lifted immediately. If the judge grants a final injunction, review its terms carefully to avoid future violations.

You may:

  • Request Modification or Dissolution: You can petition the court later to change or remove the order if circumstances change.
  • Appeal the Decision: Appeals must generally be filed within 30 days of the final order.
  • Keep Copies: Always retain copies of the final order to show law enforcement if disputes arise.

Remember: even if the order is final, it doesn’t last forever. Many are subject to expiration or review.

Step 10: Be Aware of Collateral Consequences

Restraining orders can have far-reaching effects beyond the courtroom:

  • Firearms: As mentioned, firearm possession is prohibited under a final domestic or stalking injunction.
  • Employment: Background checks may reveal the existence of a restraining order, affecting job prospects.
  • Housing: Landlords sometimes deny rental applications based on injunction history.
  • Parenting Rights: Courts may temporarily limit custody or visitation to protect minor children.

Knowing these implications helps you make informed decisions about how to handle your case moving forward.

Step 11: Where to Find Official Florida Resources

If you want to review the laws and procedures yourself, refer to these official sources:

  • Florida Statutes:
    • §741.30 – Domestic Violence Injunctions
    • §784.046 – Repeat, Dating, and Sexual Violence Injunctions
    • §784.0485 – Stalking and Cyberstalking Injunctions
    • §784.047 – Penalties for Violations
    • §790.233 – Firearms Prohibition
  • Florida Family Law Rule 12.610: Governs injunction proceedings in family court.
  • Florida Courts Website: Offers downloadable forms and self-help guides.
  • Women’sLaw.org and FindLaw: Provide easy-to-understand summaries of protective order laws.

These resources can help you understand the legal framework and prepare for next steps.

Step 12: Stay Calm and Take Action

Being served with a restraining order can be intimidating—but it’s not the end of your case. The law allows you the chance to respond, present evidence, and protect your reputation.

Here’s what to remember:

  1. Follow the order exactly.
  2. Mark the hearing date immediately.
  3. Collect evidence and witnesses early.
  4. Avoid all direct or indirect contact with the petitioner.
  5. Consult a qualified attorney as soon as possible.

ADL Law, P.A. has extensive experience in criminal defense and injunction-related cases across Florida. Our attorneys understand how these orders impact your record, rights, and future.

Final Thoughts

A restraining order can affect your freedom, employment, and reputation—but understanding Florida’s injunction process helps you stay compliant and prepared. Whether you’ve been wrongly accused or simply need help navigating the hearing, timely legal action is key.

For guidance tailored to your case, contact us at (772) 277-7764. Our experienced criminal defense team will review your situation and help you protect your rights.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.