Florida Restraining Order Vs Injunction: What’s the Difference?

The difference between a Florida restraining order and an injunction matters more than most people realize – and getting it wrong can cost you the protection you need. Florida does not use the term “restraining order” as a standalone legal action. What most people mean when they say that is formally called an injunction for protection, a court order that prohibits someone from contacting or approaching you.

Robert B. Fisher, P.A. represents clients in Florida criminal defense and injunction matters and can help you understand exactly where you stand.

Key Takeaways

• In Florida, the correct legal term is injunction for protection – governed by Florida Statute §741.30 for domestic violence and §784.046 for dating, repeat, and sexual violence.
• Restraining orders in Florida are temporary orders issued within active family law cases (divorce, custody) – not standalone protective orders.
• Florida offers five types of injunctions: domestic violence, dating violence, sexual violence, repeat violence, and stalking.
• Violating an injunction is a first-degree misdemeanor (up to 1 year in jail) for a first offense, and escalates to a third-degree felony (up to 5 years in prison) with two or more prior violations.
• Both petitioners and respondents should consult a criminal defense attorney before the final hearing – the outcome affects your record, your rights, and your freedom.

Whether you need protection or have been served with a petition, contact Robert B. Fisher, P.A. to understand your options before your hearing.

What’s the Difference Between a Restraining Order and an Injunction in Florida?

Florida’s legal system uses these two terms for distinct things. An injunction for protection is a standalone civil court order designed to protect someone from violence, harassment, or stalking. It can be filed at any time and applies regardless of any other legal proceedings.

A true restraining order in Florida is a temporary order issued within an existing family law case – divorce or custody proceedings – to maintain the status quo, such as preventing a spouse from selling marital assets or relocating children during litigation. It does not address safety threats the way an injunction does.

Most people searching for a restraining order actually need an injunction for protection. The distinction matters because the filing process, eligibility requirements, and legal consequences are completely different depending on which type of order you need.

Five Types of Injunctions Available in Florida

Florida law creates five distinct injunctions for protection, each with its own eligibility requirements. You must qualify for the specific type based on your relationship to the other person and the conduct involved.

1. Domestic Violence
   Covers family or household members – spouses, former spouses, people related by blood or marriage, people who live or have lived together, and anyone who shares a child. The petitioner must be a victim of domestic violence as defined in Florida Statute §741.28, or have reasonable cause to believe domestic violence is imminent. The relationship is what qualifies you, not the severity of any single incident.
2. Dating Violence
   Requires a continuing and significant romantic relationship – not a casual acquaintance. Courts look at how long the relationship lasted, how often the parties interacted, and whether it was romantic in nature. Former dating partners qualify.
3. Sexual Violence
   Protects victims of sexual battery, lewd or lascivious acts, or other sexual offenses regardless of the relationship between the parties. A criminal charge or conviction is not required to file.
4. Repeat Violence
   Requires two incidents of violence or stalking directed at the petitioner, with at least one occurring within six months of filing. This category covers neighbors, coworkers, acquaintances, and others outside a family or romantic relationship.
5. Stalking
   Addresses willful, malicious, and repeated following, harassment, or cyberstalking. Unlike repeat violence, this requires a pattern of stalking conduct specifically rather than physical violence.

How to File for an Injunction in Florida

Where and how to file:

• File your petition with the circuit court in the county where you live, where the respondent lives, or where the violence occurred – whichever feels safest
• Describe specific incidents with dates, locations, and detailed descriptions. Vague allegations weaken the petition. See the Florida Courts self-help forms for the approved petition forms
• Filing fees are waived for all five types of injunctions for protection in Florida

What happens after you file:

• A judge reviews your petition the same day, without the respondent present (ex parte)
• If immediate danger is shown, the judge issues a temporary injunction effective for up to 15 days
• A final hearing is scheduled within those 15 days, at which both parties can appear, present evidence, and testify
• If a final injunction is granted, it remains in effect indefinitely unless modified or dissolved by the court

If you are the respondent, read the order carefully the moment you are served. Every restriction in that order applies immediately. Contact a criminal defense attorney before the final hearing – contesting or negotiating the terms at that stage is far more effective than trying to modify an order after it’s been entered.

Consequences of Violating an Injunction in Florida

Violating an injunction is a criminal offense under Florida Statute §741.31. The penalties escalate with repeat violations:

First violation:

A first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. Law enforcement can arrest you without a warrant if they have probable cause to believe a violation occurred.

Two or more prior violations:

Elevated to a third-degree felony, punishable by up to five years in prison and a $5,000 fine.

Common violations that lead to arrest:

• Any direct contact by phone, text, email, or social media
• Going within the prohibited distance of the petitioner’s home, workplace, or school
• Coming within 500 feet of the petitioner’s residence or 100 feet of their vehicle
• Contact through third parties unless the order specifically permits it
• Possessing firearms or ammunition while subject to a final domestic violence injunction

One point that catches people off guard: if the protected person contacts you first, you can still be arrested and charged if you respond. The order binds you, not the petitioner. Only the court can modify or dissolve the injunction. Document any contact attempts by the petitioner and immediately contact your attorney – do not respond directly.

Why Choose Robert B. Fisher, P.A.

Robert B. Fisher has been practicing criminal defense in Central Florida since his admission to the Florida Bar in 1980 – over 45 years of personal legal experience. He began his career as an Assistant Public Defender and then Assistant State Attorney in Seminole County, giving him firsthand knowledge of how Florida prosecutors evaluate and pursue injunction violations.

Bob has served as President of the Central Florida Association of Criminal Defense Lawyers, Chairman of the Florida Bar Grievance Committee for Seminole County, and as a long-standing member of the Florida Association of Criminal Defense Lawyers Board of Directors. He holds an AV Preeminent rating from Martindale-Hubbell, the highest peer-review rating available.

Frequently Asked Questions

Does an injunction go on your record in Florida?

Yes – injunctions are public court records that appear in background checks run by employers, landlords, and licensing agencies. A violation creates a separate criminal record. Under both Florida and federal law, a final domestic violence injunction also prohibits you from possessing firearms or ammunition.

Can I contact the person who filed an injunction against me if they reach out first?

No. If an active injunction prohibits contact, you can be arrested and charged even if the protected person initiates the communication. Document any contact attempt and call your attorney. Do not respond directly.

How long does an injunction last in Florida?

A temporary injunction lasts up to 15 days, until the final hearing. A final injunction has no expiration date and remains in effect indefinitely unless you successfully petition the court for modification or dissolution.

What should I do immediately after being served with an injunction?

1. Read every restriction in the order carefully – compliance is required from the moment of service
2. Do not contact the petitioner by any means, even to dispute the allegations
3. Write down your account of events and gather any evidence, texts, or witnesses
4. Contact a criminal defense attorney before your hearing date – not after

Robert B. Fisher, P.A.: Longwood Criminal Defense and Injunction Attorney

Whether you need a Florida injunction for protection or you’ve been served with one, the court process moves quickly and the stakes are serious. A criminal defense attorney can review your situation, help you prepare for the final hearing, and protect your rights on either side of the petition. Contact Robert B. Fisher, P.A. today for a free consultation.