How Much Does a Restraining Order Cost in Florida?

Getting a restraining order in Florida costs nothing out of pocket. State law calls these orders “injunctions for protection,” and the clerk cannot charge you a filing fee for any of the five types: domestic violence, repeat violence, dating violence, sexual violence, or stalking. The sheriff serves the paperwork on the other party at no charge. The only money you might spend is on things you choose to pay for, like a private attorney or a private process server.

The Filing Fee Is Zero

Florida bars the clerk of court from collecting any filing fee for a protective injunction. This is not a fee waiver you apply for, and it is not tied to your income. It is a flat prohibition written into three separate statutes.

The clerk must also give you at least two certified copies of the injunction at no charge, one of which is serviceable.1The Florida Legislature. Florida Code 741.30 – Domestic Violence; Injunction; Powers and Duties of Court and Clerk Keep one for your records and share others with an employer, school, or local law enforcement as needed. If a clerk’s office tries to charge you to file or to issue those certified copies, that charge is against state law.

Service of Process Is Also Free

Once a judge signs a temporary injunction, the paperwork has to be delivered to the other party. In Florida, local law enforcement handles that, and the petitioner pays nothing. Each injunction statute lets the clerk draw up to $40 per petition in state reimbursement to cover the cost, with up to $20 of that going to the serving agency.1The Florida Legislature. Florida Code 741.30 – Domestic Violence; Injunction; Powers and Duties of Court and Clerk The same reimbursement structure applies to repeat violence, dating violence, sexual violence, and stalking injunctions.2The Florida Legislature. Florida Code 784.046 – Action by Victim of Repeat Violence, Sexual Violence, or Dating Violence for Protective Injunction

Optional Costs You Might Choose to Pay

Nothing above requires you to spend money. Two expenses are optional, and some petitioners decide the trade-off is worth it.

A Private Process Server

Some petitioners hire a private process server for faster delivery or when the respondent is hard to locate. Private servers in Florida typically charge $60 to $100 per address, and rush service or difficult service can run higher. That cost comes entirely out of your pocket. For most petitioners, using the sheriff is both the simplest and the cheapest route.

A Private Attorney

You do not need a lawyer to file. The statutes say neither party needs to be represented, and the Florida Courts website offers forms and guidance for people representing themselves.4Florida Courts. Overview for Petitioners Many petitioners get injunctions on their own.

When a case involves contested child custody, complex evidence, or a respondent who has their own attorney, hiring a lawyer can make a real difference at the return hearing where the judge decides whether to issue a final order. Family law attorneys in Florida generally charge $300 to $500 per hour. Some offer flat-fee arrangements for injunction hearings, usually $1,500 to $4,000 depending on complexity. If the attorney bills hourly, expect a retainer of $2,500 or more upfront, with additional charges for depositions, multiple witnesses, or extended hearings.

One point to know going in: Florida courts have held that attorney fees generally cannot be awarded in injunction for protection cases. Even if you prevail, the judge cannot order the respondent to reimburse your legal costs. Whoever hires the lawyer pays the lawyer.

One more thing on the timing side. A temporary injunction lasts up to 15 days, and the full hearing happens before it expires.1The Florida Legislature. Florida Code 741.30 – Domestic Violence; Injunction; Powers and Duties of Court and Clerk A final injunction has no automatic expiration, so you do not have to pay to renew it year after year. There is no filing fee to later modify or dissolve a domestic violence injunction either.

Free Legal Help If You Need an Attorney

If you want a lawyer but cannot afford one, several options exist. Legal Aid offices across Florida represent petitioners in injunction cases at no cost when household income falls at or below 125% of the federal poverty guidelines.5Legal Services Corporation. What Is Legal Aid? Some local Legal Aid programs relax the income threshold for domestic violence cases, so it is worth calling even if you think you earn too much to qualify.

The Florida Partnership to End Domestic Violence coordinates with certified domestic violence centers around the state. These centers offer safety planning, court advocacy, and referrals to attorneys who handle injunction cases pro bono. Florida Legal Services runs a domestic violence advocacy program focused on legal representation for survivors. If you are not sure where to start, the clerk’s office at your local courthouse can usually point you to the nearest domestic violence center or legal aid provider.

What You Can Expect to Pay

  • Filing fee: $0, prohibited by statute for all five injunction types.
  • Service by the sheriff or local law enforcement: $0, with the state reimbursing the agency.
  • Certified copies of the order: $0, with the clerk providing at least two.
  • Private process server (optional): $60 to $100 or more per address.
  • Attorney for the hearing (optional): $1,500 to $4,000 flat, or $300 to $500 per hour with a retainer.
  • Legal Aid representation if income-eligible: $0.

Florida built this process so money is not the barrier. Filing, service, and the hearing itself can all be done at no cost. An attorney is the only meaningful expense, and the choice to hire one is yours.