If you or someone you love is facing threats, harassment, or abuse, Florida law provides protection through injunctions—court orders designed to prevent contact and keep people safe. Whether you’re seeking protection or defending against allegations, it’s important to understand how the process works. Our family law firm has helped many clients navigate these complex and emotionally difficult situations. This article explains the requirements and process for obtaining domestic violence and stalking injunctions in Florida.

What Is a Domestic Violence Injunction?

A domestic violence injunction, also known as a restraining order, is a legal tool designed to protect people from abuse by someone with whom they have a close relationship. Under Florida law, domestic violence refers to any assault, battery, stalking, kidnapping, false imprisonment, or other criminal offense resulting in physical injury or death, committed by one family or household member against another. To obtain an injunction, the petitioner must either be a victim of domestic violence or have reasonable cause to believe they are in imminent danger of becoming a victim. The law focuses not only on past acts but also on credible threats, and the relationship between the parties must qualify as familial or household under Florida Statutes § 741.28. That includes:

• Spouses or former spouses
• People related by blood or marriage
• People who currently live together or have lived together in the past as a family
• People who share a child, regardless of whether they ever lived together

To qualify for a domestic violence injunction, the petitioner must either be a victim of domestic violence or have reasonable cause to believe they are in imminent danger of becoming a victim.

What Is a Stalking Injunction?

Stalking injunctions are meant to protect individuals from being followed, harassed, or cyberstalked by another person, even if they don’t have a prior relationship. Florida defines stalking as: “Willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person.” Harassment means engaging in a course of conduct that causes substantial emotional distress and serves no legitimate purpose. Cyberstalking includes repeated, unwanted online contact or surveillance that results in distress to the targeted person.

Unlike domestic violence injunctions, stalking injunctions don’t require a family or household relationship between the parties. They are often used to address threats or harassment from neighbors, acquaintances, coworkers, or former friends.

How to File for an Injunction in Florida

The process begins with filing a petition for injunction with the Clerk of Court in the county where either party lives, or where the alleged violence or stalking occurred.

Step 1: Completing the Petition

The petitioner must complete a sworn written statement (the petition), explaining what happened and why they need protection. This should include:

• Specific incidents of violence, threats of violence, and/or stalking
• Dates and locations of incidents
• Any injuries
• Police reports, photos, or messages (if available)

Step 2: Judge Reviews the Petition

After the petition is filed, a judge will review it (often the same day). If the judge believes the petitioner is in immediate danger, the court may issue a temporary injunction. Temporary injunctions are designed to provide immediate protection, and they typically last until the court hearing.

If the judge does not find enough immediate evidence of danger, a temporary injunction may be denied. However, a hearing will still be scheduled where both parties can present their case.

Step 3: Serving the Other Party

Once a temporary injunction is issued (or a hearing is scheduled), the respondent (the accused) must be officially served with the court documents. This includes the petition, any temporary injunction, and notice of the hearing date. Service is completed by the sheriff’s office at no cost to the petitioner.

Step 4: The Final Hearing

A final hearing is usually scheduled within two to three weeks of filing. Both parties can attend and present:

• Testimony
• Witnesses
• Documents (texts, emails, photos, etc.)

If criminal charges have been filed against the respondent, the hearing is likely to be continued until such time as the criminal matter is resolved, due to Fifth Amendment protections afforded to the respondent. At this hearing, the petitioner will present their case, and the respondent has the right to defend themselves and explain their side. The judge will weigh the evidence from both sides before making a decision. Specifically, the judge will decide whether a final injunction should be issued. This can remain in effect for a set period (e.g., one year) or indefinitely, depending on the case.

What Protections Can an Injunction Provide?

If granted, an injunction can do the following:

• Order the respondent to have no contact with the petitioner (direct or indirect)
• Require the respondent to stay away from the petitioner’s home, work, school, or other specified places
• Require surrender of firearms
• Provide police enforcement of the order
• Restrict contact with minor children
• Order financial support to be paid
• Violating an injunction is a criminal offense and can result in arrest, jail time, or additional court action.

What Happens If You Are Served With an Injunction?

Being served with an injunction can be distressing and confusing. It’s important to understand:

• You must comply with the temporary injunction, if one has been entered, even if you disagree with it. Violating it can result in serious criminal consequences.
• You have the right to a hearing to defend yourself, with or without an attorney. This is your opportunity to contest the allegations. You are not presumed to have committed the acts outlined in the petition. The burden is in the petitioner to prove their case.

Why Legal Representation Matters

Whether you are petitioning for an injunction or defending against a petition, you have a right to representation by an experienced family law attorney. The attorney can help you understand and meet the legal and evidentiary burdens that apply at the hearing.

Injunction cases move quickly. You may have only days to prepare for a hearing that could have long-term effects on your personal freedom, custody rights, employment, and reputation.

Hiring an attorney can help you:

• Prepare or respond to the petition effectively
• Present evidence and question witnesses
• Argue for or against a final injunction
• Protect your rights and reputation

Whether you’re seeking protection or defending against an injunction, the stakes are high. A court order can impact where you live, how you parent, and whether you’re allowed to possess a firearm. Don’t go into this alone.

We’re Here to Help

At The Wheeler Firm, P.A., we represent both petitioners who need protection and respondents who need to defend their rights. We understand how emotionally charged and legally complex these cases can be, and we bring the experience and sensitivity needed to guide you through the process. Our family law firm has represented countless petitioners and respondents in injunction cases, helping them present their side of the story and fight for a fair outcome. Experienced legal representation can make a major difference.

If you need help with an injunction case, contact our law offices in Niceville or Santa Rosa Beach, Florida, today at (850) 613-6923.