If you are in danger, your safety comes first. You do not need an attorney to file for a domestic violence injunction in Florida — and there is no filing fee. This guide explains exactly what to do.
If you are in immediate danger, call 911.
- National Domestic Violence Hotline: 1-800-799-7233 (TTY: 1-800-787-3224), available 24/7
- Florida Domestic Violence Hotline: 1-800-500-1119, available 24/7
Important: Pro Se Document Preparation is not a law firm and does not provide legal advice. We prepare documents based on information you provide. For legal advice, contact the Florida Bar Referral Service at 1-800-342-8011.
What Is an Injunction for Protection?
In Florida, what many people call a "restraining order" is legally called an Injunction for Protection. Once granted by a judge, it is a court order that legally prohibits the respondent (the person you're filing against) from contacting you, coming near your home, workplace, or school, and in many cases requires them to vacate a shared residence.
Violating an injunction is a criminal offense in Florida.
Types of Injunctions in Florida
Florida law provides five types of injunctions for protection:
| Type | When It Applies |
|---|---|
| Domestic Violence | Against a family or household member who has committed or threatened violence |
| Repeat Violence | Two or more incidents of violence or stalking by someone who is not a household member |
| Dating Violence | Violence within a dating relationship (not a family member, not cohabiting) |
| Sexual Violence | Sexual battery, lewd/lascivious acts, or sexual performance by a child — even without a domestic relationship |
| Stalking | Repeated following, harassment, or cyberstalking |
This guide focuses on domestic violence injunctions, which are the most commonly filed.
Who Qualifies for a Domestic Violence Injunction?
Under Florida Statute 741.28, a domestic violence injunction is available to people who have experienced domestic violence — or have reasonable cause to believe they are in imminent danger of becoming a victim — committed by a family or household member.
Who Counts as a Family or Household Member?
- Spouses and former spouses
- Persons related by blood or marriage
- Persons who are presently residing together as if a family, or who have resided together in the past as if a family
- Persons who have a child in common, regardless of whether they were ever married or lived together
Note: Dating partners who have never lived together do not qualify for a domestic violence injunction — but may qualify for a dating violence injunction instead.
What Counts as Domestic Violence?
Under FL Statute 741.28, domestic violence includes:
- Assault or aggravated assault
- Battery or aggravated battery
- Sexual assault or battery
- Stalking or aggravated stalking
- Kidnapping or false imprisonment
- Any criminal offense resulting in physical injury or death
You do not have to wait until violence has occurred. If you have reasonable cause to believe you are in imminent danger, you can file.
Temporary Injunction vs. Final Injunction
There are two stages to a Florida domestic violence injunction:
Temporary Injunction (Ex Parte)
When you file your petition, a judge reviews it the same day — without the other party present. This is called an ex parte hearing because only your side is heard.
If the judge finds sufficient grounds, they will issue a Temporary Injunction immediately. This order takes effect as soon as it is served on the respondent. It typically remains in effect for 15 days, until the Final Hearing.
Final Injunction
The court schedules a Final Hearing within 15 days of the temporary injunction being issued. At this hearing, both parties appear before the judge. The respondent has the opportunity to contest the injunction.
If the judge finds grounds are met, a Final Injunction is issued. Final injunctions can last for a specific period of time or permanently, depending on the circumstances.
Required Forms
Florida has standardized, court-approved forms for domestic violence injunctions. You will need:
Petition for Injunction for Protection Against Domestic Violence (Form 12.980(b)(1))
This is the core document. You describe:
- Your relationship to the respondent
- The specific incidents of violence or threats that have occurred
- Why you believe you are in danger
- What relief you are requesting (no contact, exclusive use of home, temporary child custody, etc.)
Be specific and detailed. Dates, locations, what was said or done, and any injuries. The judge reads this petition alone when deciding whether to grant a temporary injunction — the more clearly you describe the danger, the stronger your petition.
Notice of Hearing
This notifies the respondent of the Final Hearing date and time. The clerk's office typically prepares this after you file.
Other Documents You May Need
- If you have minor children and are requesting temporary child custody as part of the injunction, additional child-related information will be required.
- A list of any witnesses you want to bring to the Final Hearing.
Step-by-Step: How to File a Domestic Violence Injunction in Florida
Step 1: Go to the Courthouse
Go to the circuit courthouse in the county where you live (or where the domestic violence occurred). You do not need an appointment.
Look for the clerk's office or a designated Domestic Violence/Family Law intake area — most Florida courthouses have specific staff assigned to help injunction petitioners. Many also have a victim advocate on site.
There is NO filing fee for domestic violence injunctions in Florida.
Step 2: Complete the Petition
Fill out Form 12.980(b)(1) completely and honestly. Describe every incident of violence or threatening behavior. Include the most recent incident and the most serious. The clerk's office can provide the form; victim advocates can help you fill it out.
If you have children and want the injunction to include temporary custody or restrictions on the respondent's contact with your children, make sure to include that in your petition.
Step 3: Submit to the Clerk
The clerk will file-stamp your petition and route it to a judge for same-day review.
Step 4: Judge Reviews Your Petition
A judge reviews the petition the same day — typically within a few hours. The judge may:
- Grant a Temporary Injunction — the most common outcome if the petition describes qualifying domestic violence or imminent threat
- Set a hearing without a temporary order — if the facts require both sides to be heard first
- Deny the petition — if the petition does not allege facts sufficient for the court to act
Step 5: Temporary Injunction Is Served
If a Temporary Injunction is granted, the court will arrange for law enforcement to serve the respondent. You do not need to hire a process server. The injunction takes effect the moment the respondent is served.
You will receive a copy of the signed temporary injunction to keep with you at all times.
Step 6: Attend the Final Hearing
The Final Hearing is typically scheduled within 15 days. Both you and the respondent will appear before the judge.
Prepare for your Final Hearing:
- Bring any evidence: photos of injuries, threatening texts or voicemails, police reports, medical records
- Bring any witnesses who can testify about what they saw or heard
- Write down what you want to say — you'll have the opportunity to speak directly to the judge
- Arrive early and let the clerk know you are the petitioner
At the Final Hearing, the judge hears both sides and decides whether to issue a Final Injunction and, if so, for how long and under what terms.
What a Domestic Violence Injunction Can Do
Once granted, a Florida domestic violence injunction can:
- Order the respondent to have no contact with you (in person, by phone, text, email, or through third parties)
- Require the respondent to stay away from your home, workplace, and your children's school
- Remove the respondent from a shared residence, even if they are on the lease
- Award you temporary exclusive use of a shared vehicle
- Grant you temporary custody of minor children
- Order the respondent to surrender firearms
Your Safety During This Process
Filing for an injunction can be a triggering event. Take steps to protect yourself:
- Tell trusted friends, family, or coworkers what is happening and where you are
- Keep a copy of the temporary injunction with you and give copies to your children's school, your employer, and neighbors
- Know your local domestic violence shelter — they can help with safety planning even if you don't stay there
Resources:
- National Domestic Violence Hotline: 1-800-799-7233 — 24/7 crisis support, safety planning, local shelter referrals
- Florida Domestic Violence Hotline: 1-800-500-1119 — 24/7, connects you to local Florida programs
Ready to File? We Can Help With the Paperwork.
The Petition for Injunction (Form 12.980(b)(1)) must be completed carefully and specifically. How you describe the incidents of violence matters — vague language can result in a denied petition.
Pro Se Document Preparation will prepare your injunction petition documents so they are complete, properly formatted, and ready to file. You bring them to the courthouse.
👉 Domestic Violence Injunction Form Kit ($35) — includes the completed Petition for Injunction for Protection Against Domestic Violence, ready for you to review, sign, and file.
There is no court filing fee for domestic violence injunctions in Florida. Document preparation fees cover our service only.
You deserve to feel safe. Taking this step — no matter how hard — is the right one.
Pro Se Document Preparation is not a law firm and does not provide legal advice. We prepare documents based on information you provide. For legal advice, contact the Florida Bar Referral Service at 1-800-342-8011.