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Types of Protective Injunctions in Florida

Florida law authorizes several categories of protective injunctions, each with its own petition process:

  • Domestic violence injunctions (Fla. Stat. § 741.30) are available to people who have a specified relationship with the respondent, such as a spouse, former spouse, or co-parent, and who have been a victim of or reasonably fear becoming a victim of domestic violence.
  • Repeat violence, sexual violence, and dating violence injunctions (Fla. Stat. § 784.046) are available to people without the family or household relationship required for a domestic violence injunction.
  • Stalking injunctions (Fla. Stat. § 784.0485) are available to people who have been the victim of stalking or cyberstalking as defined by Florida law.

Each type has its own definitions and evidentiary standards, so the correct category matters to both a petitioner seeking protection and a respondent contesting it

What Happens When a Petition Is Filed

A judge can issue a temporary injunction without notice to the respondent, based solely on the petitioner's sworn statement, if the judge finds an immediate and present danger. That temporary injunction generally lasts only a short period, after which a full hearing is scheduled, during which both sides can present evidence before the court decides whether to enter a longer-term injunction.

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Common Defenses When Responding to an Injunction Petition

  • Disputing the underlying allegations: Presenting evidence, witnesses, or documentation that contradicts the petitioner's account.
  • Challenging the legal category: Arguing the parties' relationship or the alleged conduct does not meet the statutory definition for the specific type of injunction sought.
  • Presenting context, the petition omits: Providing the court with a fuller picture of the relationship or events, where the petition may present an incomplete account.
  • Negotiating the scope of relief: In some cases, agreeing to certain terms while contesting others can be an appropriate strategy depending on the circumstances.
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Consequences of a Protective Injunction

An injunction can include a range of relief beyond simply prohibiting contact, such as:

  • Requiring the respondent to stay away from a residence, workplace, or school
  • Awarding temporary time-sharing or support in cases involving a shared household
  • Prohibiting the respondent from possessing firearms or ammunition while the injunction is in effect, under Fla. Stat. § 790.233

Violating an injunction is a separate criminal offense. Violating a domestic violence injunction can be prosecuted under Fla. Stat. § 741.31, and similar violation provisions apply to repeat violence, dating violence, sexual violence, and stalking injunctions.

What Happens in Hillsborough County Injunction Proceedings

  1. Petition filed in Hillsborough County civil court.
  2. Temporary injunction hearing, often held the same day or shortly after filing, without the respondent present.
  3. Service of process on the respondent, along with notice of the full hearing date.
  4. Full hearing, where both parties can testify and present evidence.
  5. Final decision in which the court grants, denies, or modifies the injunction, generally for a fixed or indefinite period, depending on the type sought
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Steps to Take If You've Been Served With an Injunction Petition

  • Read the petition and any temporary injunction carefully and follow its terms exactly until the full hearing.
  • Do not contact the petitioner to discuss the case, even to try to resolve it informally.
  • Gather documentation, messages, or witnesses relevant to the allegations before the hearing date.
  • Contact an attorney promptly, since the full hearing is often scheduled within a short window after the temporary injunction is issued.
J. Kevin Hayslett

Why Choose Carlson Hayslett, P.A., to Help With Your Restraining Order in Tampa, FL?

If you are seeking a restraining order or have been served with one, the outcome can have significant consequences for your personal life, family, and legal rights. Our experienced restraining order attorneys in Tampa understand Florida’s injunction laws and can help you navigate the process, respond to allegations, and protect your interests in court.

Carlson Hayslett, P.A., has been part of the Tampa Bay community for more than 55 years. Over the decades, our team has developed a deep understanding of the local courts and legal system while maintaining a personal approach to client representation. Our experience and reputation include:

  • Deep roots in the Tampa Bay and Clearwater legal communities
  • Extensive familiarity with local courts and the judges who preside over them
  • Leadership within the legal community, including involvement in the nomination of judges our clients now appear before
  • Recognition from respected legal organizations such as Super Lawyers, Florida Trial Lawyers, Martindale-Hubbell, and the Clearwater Bar Association

Whether you are seeking protection through a restraining order or need to defend against an injunction, our team can help you understand the legal process and prepare your case. To schedule a free consultation, call 727-219-2272 or complete the form on this website today.

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Restraining Order FAQs

Is a restraining order a criminal charge in Florida?

Can I lose my right to own firearms because of an injunction?

What happens if I don't show up to the full hearing?

Can an injunction affect a divorce or custody case?

What should I do if I'm accused of violating an injunction?

Is a restraining order a criminal charge in Florida?

No. A protective injunction is a civil proceeding, though violating one is a separate criminal offense that can result in arrest and prosecution.

Can I lose my right to own firearms because of an injunction?

Yes. Florida law generally prohibits a person subject to a domestic violence, stalking, or cyberstalking injunction from possessing firearms or ammunition while the injunction is in effect.

What happens if I don't show up to the full hearing?

Generally, the court can enter a final injunction in the respondent's absence if the petitioner presents sufficient evidence; therefore, attending and being prepared for the hearing are important.

Can an injunction affect a divorce or custody case?

Yes, an injunction can address time-sharing or contact with children while it is in effect and can also become relevant evidence in a related family law proceeding.

What should I do if I'm accused of violating an injunction?

Contact an attorney immediately. An allegation of violation is treated as a criminal matter and can result in arrest, separate from the underlying injunction proceeding.

Disclaimer

This page is provided for general informational purposes only and does not constitute legal advice. Every injunction case depends on its own specific facts, and Florida injunction law is nuanced. Nothing on this page should be treated as a substitute for a case-specific consultation with a licensed attorney.

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