Violence Protection

A Domestic Violence Injunction is for people who have a family relationship. A family relationship is established by living together (or having lived together). People who have not lived together but have a child in common can also receive a Domestic Violence Injunction. 

The person seeking protection must have been a victim of domestic violence committed against them by the responding party. Domestic violence 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. 

A person may also receive a final injunction if they can prove that they are in immediate danger of becoming a victim of violence, even though there has not been any recent violence.

In deciding whether to issue a Domestic Violence injunction, the court will consider:

• Recent acts of violence or threats of violence.
• The prior history of violence or stalking by the responding party.
• Whether the responding party has made threats of violence.
• Whether the responding party has a criminal history of violence.
• If the responding party has threatened to kidnap or conceal the parties’ children.
• Whether the responding party has intentionally injured or killed a family pet.
• Whether the responding party has destroyed property that belongs to the person requesting the injunction.
• Whether the responding party has a substance abuse problem or mental health problem.

A final Domestic Violence Injunction may order:

• No contact or no violent contact. 
• The responding party to leave the home the parties shared.
• The person seeking the injunction to have all or most of the time with the parties’ child. 
• The person seeking the injunction to make all of the decisions regarding the children.
• The responding party to pay child support or alimony during the term of the injunction. 
• The responding party to surrender their guns and ammunition.
• The responding party to attend a Batterers’ Intervention Program or to undergo a mental health evaluation, and a substance abuse evaluation.
• The person seeking the injunction to have exclusive care, possession, or control of the family pets. (This does not apply to an animal owned primarily for an agricultural purpose, or to the responding party’s service animal.)

A Dating Violence Injunction is an injunction for people who have had a dating relationship within the last six months.  A dating relationship is one that is romantic or intimate, but the parties do not have to have lived together.  A parent or legal guardian may file for a Dating Violence Injunction on behalf of a minor child that lives in their home.

The person seeking the injunction must prove they are a victim of violence, and they are in imminent danger of becoming the victim of another act of violence or they are not a victim of violence, but they are in imminent danger of becoming a victim of dating violence.

A final Dating Violence Injunction may order:

• No contact or no violent contact. 
• The responding party may also be ordered to surrender their guns and ammunition.

A Repeat Violence Injunction is an injunction for people who do not have a family relationship, who have not lived together, and who have not dated. For example, these injunctions are sometimes filed by people who have been harassed or harmed by their neighbor. A parent may also file a Repeat Violence Injunction on behalf of a child if the child lives in the home with them. 

The person seeking protection must have been a victim of two acts of violence committed by the responding party. One of the acts of violence must have occurred within the last six months. A person may also receive a Repeat Violence Injunction if the violence was committed upon an immediate family member of the requesting party.

A final Repeat Violence Injunction may order:

• No contact or no violent contact. 
• The responding party may be ordered to surrender their guns and ammunition.

A Stalking Injunction is for protection against stalking or cyberstalking and can be obtained against anyone, regardless of your relationship to the other person. In some cases, the stalker may be a former friend, a co-worker, or a jealous new partner of the requesting party’s ex-spouse. Stalking is something that happens multiple times, and is when a person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person with no legitimate purpose. These actions must cause substantial emotional distress to the requesting party.   A parent or legal guardian may file for a Stalking Injunction on behalf of a minor child that lives in their home.

• Harassment is when someone commits a series of acts over a period of time against the requesting party, which causes substantial emotional distress, and the acts serve no legitimate purpose.
• Cyber stalking is when someone commits a series of acts that communicate (or cause to be communicated) words, images, or language through email or other electronic communication that is directed at or pertaining to the requesting party, causing them substantial emotional distress. 

Here are some examples listed on the court petition so you can get an idea of what behaviors/acts may qualify someone for an injunction:

• Previously threatened, harassed, stalked, cyberstalked, or physically abused the petitioner.
• Threatened to harm the petitioner, or family members or individuals closely associated with the petitioner.
• Intentionally injured or killed a family pet.
• Used, or threatened to use, against the petitioner any weapons such as guns or knives.
• Destroyed personal property, including, but not limited to, telephones or other communication equipment, clothing, or other items belonging to the petitioner.

To receive a final stalking injunction, you need to be able to prove the responding party has harassed you on more than one occasion, followed you on more than one occasion, or harassed you online on more than one occasion

A final Stalking Injunction may order:

• No contact or no violent contact. 
• The responding party to surrender their guns and ammunition.
• The responding party to undergo treatment or counseling.

You may file for an injunction against sexual violence if you are the victim of sexual violence regardless of your relationship to the other person. Also, a person may seek a Sexual Violence Injunction against a person incarcerated for the sexual violence against them and whose prison term has ended or is set to end within 90 days. 

A parent or legal guardian may file for a Sexual Violence Injunction on behalf of a minor child that lives in their home.

Sexual violence means sexual battery, a lewd or lascivious act upon or in the presence of a person younger than 16, luring or enticing a child,  and sexual performance by a child.

To receive a final Sexual Violence Injunction, the requesting party must prove they have been a victim of an act of sexual violence. Proving sexual violence does not necessarily require anything beyond telling the court what happened.

Additionally, to receive a final Sexual Violence Injunction, the requesting party must report the sexual violence and cooperate with law enforcement after making the report, regardless of whether the state attorney files, reduces, or dismisses criminal charges.

A final Sexual Violence Injunction may order:

• Protection against contact or violent contact. 
• The respondent may be ordered to surrender guns and ammunition.

This video explains the federal Violence Against Women Act (VAWA) and what protections it offers you.

To receive an injunction, you must file with the court system. You can get the necessary forms from www.flcourts.gov or you may also go to your Clerk of Court’s office and request the forms. At the clerk’s office, explain that you want to apply for an Injunction for Protection. The clerk will provide you with the necessary forms including the petition for the court. The clerk may  also ask you questions about your responses on the forms and you will be asked to swear that the facts in the petition are true.

Your local domestic violence shelter may also be able to assist you with the forms to file an injunction.

If you need shelter or a safe place to stay, here are some online resources that could help you find the right place.

Florida Domestic Violence Hotline (24-Hours):

TEL: 1-800-500-1119
TDD:1-800-621-4202
TTY: 711 or 1-800-955-8771

https://www.myflfamilies.com/services/abuse/domestic-violence/find-your-local-domestic-violence-center

https://www.shelterlist.com/

When you fill out the petition, you are telling the judge why you need protection, so include many details and start with the most recent incident. Be as thorough and descriptive as possible. Write the exact ways you were hurt, and the exact words used to threaten you. If you were forced to stay somewhere, explain how, where, and for how long. Include dates of threats, injuries, weapons, drugs, alcohol, and other details. If the abuser was arrested for abuse or is likely to be released from jail, include this information.

If you are pregnant and abused, include this information as well.

While the court will primarily focus on what has happened most recently, they may also consider things that happened in the past. If there is a history of violence from the person from whom you are seeking protection, it may be very helpful to explain prior acts of violence, threats, or harassment. Each occurrence should include an approximate date, what the other party did, and what injuries you suffered.

It is important to understand if you do not list something in your petition, you will NOT be able to discuss it in court.  

If you are in a place that the other party is not aware of and you fear for your safety, you can ask that your address be kept confidential.  If your request is granted, the other party is not supposed to get information about your address.

You must ask for what you want the judge to do in your petition. Depending on the type of injunction, this may include:

• No Contact or Restricted Contact: This orders the abuser to stay away from your home, work and school, or restricts the abuser to having contact with you for purposes only related to minor children you have together.
• Request for Counseling or Drug or Alcohol Evaluation
• Exclusive possession and use of the home: In a Domestic Violence Injunction, this requires the abuser to leave home and allows you to stay in the home.
• Temporary Time-Sharing and Child Support: In a Domestic Violence Injunction, this gives you temporary time-sharing of the children and orders the abuser to pay child support to you.
• Alimony: In a Domestic Violence Injunction, this orders the responding party to pay you alimony during the term of the injunction.
• Pets: you may ask the court to award a family pet to you.

To receive alimony or child support through a domestic violence injunction, you will need to file a Family Law Financial Affidavit, form 12.902(b), if you earn less than $50,000 per year, or 12.902(c), if you earn $50,000 or more per year. You can find these forms at www.flcourts.gov under the Family Law Forms section of the site. You should also bring your pay stub and one of the abuser’s pay stubs if you have it. 

Before deciding whether to request alimony, consider that in order to get alimony you must prove that you have an actual need for alimony and the other party has the ability to pay it. You must carefully weigh this decision ahead of time because the other party or the other party’s attorney could argue that you have filed an injunction just to get alimony. Such an argument could undermine your request for the injunction, so only ask for alimony if you actually need it. 

To learn about how child support and alimony work, visit our Ending a Marriage page for more information.

After you have completed and filed these forms, the clerk will have a judge review your forms. You will not see the judge. The judge may do one of the following:

• Enter a Temporary Injunction for Protection, which is good for up to 15 days,
• Schedule a hearing without entering a Temporary Injunction for Protection, or
• Deny a Permanent Order of Injunction.

If a Temporary Injunction for Protection is entered, the judge will schedule a hearing to take place within 15 days.  You will receive a copy of the Temporary Injunction for Protection and the Sheriff will try to serve the abuser with the papers within 24 hours.

Since the Temporary Injunction for Protection only lasts until the hearing, you must go to the hearing and tell the court your story about the abuse. If you have witnesses, pictures, or other evidence take it with you to the hearing. At the hearing, the judge will decide whether to enter a final injunction and for how long. 

Dress professional and conservatively. 

Plan to arrive early — parking can be hard to find, and you do not want to feel rushed. 

Do not interrupt when someone else, including the Respondent, is talking, and remember to always call the judge “your honor.”

Let the judge know why you need protection. Be as detailed as possible. It may help to write notes of dates and times you were hurt or threatened, so you do not forget to mention them. Bring the list to court to help you explain your case to the judge.

If you do not have an attorney, ask the judge to grant your requests for all relief you have asked for in your petition (such as Custody, Child Support, Counseling, etc.).

Bring everyone that can provide firsthand information or experience to help support your case before the judge. Also bring three copies of anything you want the judge to look at (such as phone bills or photographs of injuries). You must have a copy for the Court and the Respondent in addition to a copy for yourself.

The Final Hearing is your only hearing, so you must be prepared. If you need additional time to subpoena witnesses, gather evidence, or to retain an attorney, you may ask the court to “continue” the case to a future date.

If you are in danger, call 911. Show the law enforcement officer the final order.

Follow your safety plan. If you don’t have a safety plan, you can contact the Florida Partnership to End Domestic Violence at, 1-800-500-1119 | TTY: 711, or  https://www.fpedv.org/, to find your local domestic violence center.

Save evidence of violations by keeping voice messages, text messages, and anything else that can show there was a violation. 

You can contact law enforcement or the State Attorney’s Office and ask them to prosecute the abuser. It is a crime to violate an injunction.

You can go to the clerk’s office where you asked for the injunction and file a Petition by Affidavit for Order to Show Cause for a Violation of Final Judgment of Injunction for Protection Against Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, or Stalking. You can find a form for this affidavit (sworn statement) on www.flcourts.gov or by going to the clerk’s office. 

The court may set a hearing, and the abuser will have a chance to tell their side of the story. If the judge finds that the abuser disobeyed the court order, the judge can put the abuser in jail by finding the person in contempt. The judge may also issue other sanctions such as fines or changes in time-sharing with the children. The court may send the violation to the State Attorney’s Office to review for prosecution.

• Plan an emergency escape route.
• Keep money saved to use for your escape.
• See if a neighbor will give you emergency shelter.
• Make extra keys to the house and car. Leave them in a safe and secure place outside your home.
• Keep extra clothes for yourself and your children with a friend, relative, or neighbor.
• Copy important papers (birth certificate, driver’s license, vehicle registration, court orders, etc.) and keep these papers with someone you trust. 
• Always keep your copy of the Order or Final Judgement with you.
• Remember that abusers often have remote access to accounts (i.e. Google, YouTube, Apple, smart locks and doorbells, etc.) and don’t need a physical device to track you and what you’re doing.
• Call law enforcement as soon as possible to report abuse. When they arrive, explain the situation. Once you have described the abuse, the officer will give you a package of helpful information, which includes where you and your children can go for shelter, food, clothing, etc.
• The abuser may be arrested if the officer finds evidence of bodily harm and believes your abuser has committed battery or if the officer believes you will be in danger without an immediate arrest — this is the law. The officer doesn’t need to see the abuse to arrest the abuser. The officer can arrest your abuser even if there is not an Injunction in place. If the officer refuses to arrest your abuser, get the officer’s name and badge number, and report it to the appropriate law enforcement agency.

Most counties have local domestic violence agencies. Domestic violence agencies have staff members, called advocates, that will support you through the court process. Many domestic violence agencies also offer counseling, housing, and other services.

Other helpful resources:

• National Domestic Violence Hotline, https://www.thehotline.org/; 1-800-799-7233
• Florida Partnership to End Domestic Violence, https://www.fpedv.org/ ;1-800-500-1119/ TTY 711
• Florida 24 Hour Legal Hotline: 1-850-385-0611 | TTY: 1-800-955-8771
• Florida Courts Domestic Violence Resources, https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Domestic-Violence
• Visit the website: https://www.womenslaw.org/

Some abusers will not obey an injunction for protection and requesting one can sometimes put a person in more danger.  If you rely on the abuser for financial support, please know if the court enters an injunction against a responding party, they could lose their job and they may not be able to pay child support or alimony.

Also, if you have minor children with the abuser and the court orders a  temporary time-sharing plan, you will not be able to move more than 50 miles from where you were living when the order was entered.

For additional information, refer to the Relocation section of the CLS informational page about Changing a Parenting Plan.

Before deciding whether to request alimony, consider that in order to get alimony you must prove that you have an actual need for alimony and the other party has the ability to pay it. 

To learn about how child support and alimony work, visit our Ending a Marriage page for more information.