How to File a Restraining Order in Lee County, FL

To file a restraining order in Lee County, FL, you submit a sworn petition for an injunction for protection to the Lee County Clerk of Court. There is no filing fee, you do not need a lawyer, and a judge can review your petition the same day and issue a temporary order that lasts up to 15 days until a full hearing is held.

Pick the Right Type of Injunction First

Florida calls restraining orders “injunctions for protection,” and there are five kinds. The one you choose has to match your relationship with the other person and the conduct you’re describing, because the judge will apply the specific statute for that category.¹

Domestic violence. Available when a family or household member has committed violence against you, or you reasonably believe you’re in imminent danger of becoming a victim. “Family or household member” covers spouses, former spouses, people related by blood or marriage, people who live or have lived together as a family, and parents of a shared child whether or not they ever married. Everyone except parents of a shared child must currently live together or have lived together at some point.¹

Repeat violence. No relationship required. You qualify if the respondent has committed two acts of violence or stalking against you or an immediate family member, and at least one incident happened within six months of filing.²

Dating violence. For violence between people who have had a romantic or intimate relationship within the past six months, with an expectation of affection or sexual involvement and ongoing interaction over time.²

Sexual violence. For victims of sexual battery, lewd acts committed on a minor, child luring, or any forcible felony involving a sexual act. You must have reported the incident to law enforcement and be cooperating with any criminal case, or the offender’s prison sentence must have expired or be expiring within 90 days.²

Stalking and cyberstalking. Available to any victim of stalking or cyberstalking, or the parent or guardian of a minor victim. No particular relationship is required. Florida defines stalking as willfully, maliciously, and repeatedly following or harassing someone; cyberstalking covers electronic communications directed at a specific person that cause substantial emotional distress and serve no legitimate purpose.³⁴

Where and How to File in Lee County

You have two options, both free. You can prepare the forms online through TurboCourt, an interactive tool that walks you through each question, then notarize and e-file them at no cost. Or you can print the completed forms and bring them to the Clerk of Court in person at the Lee County Justice Center, 2075 Dr. Martin Luther King Jr. Boulevard in Fort Myers, first floor.⁵ You can also file in person at the Lee Government Center in Cape Coral, 1039 SE 9th Place, second floor.⁶ Bring a photo ID with your picture and signature. You do not need an attorney for any type of injunction.

If you’re filing a domestic violence or sexual violence petition, you can request that your address be kept confidential at the time of filing.⁵

What to Put in the Petition

The petition is a sworn document, and what you write in it determines whether the judge issues a temporary order on the spot. Two parts matter most.

The first is identifying information about the respondent so deputies can serve the papers. Be ready to provide the full name, physical description (height, weight, scars, date of birth), current home address and phone number, employer name and address if you know them, and vehicle details including make, model, color, year, and tag number.⁵

The second is your written account of what happened. Be specific. Judges read dozens of these, and “he threatened me” carries far less weight than “on March 5, he said he would hurt me if I left the house.” Write chronologically. Include dates, locations, exactly what the respondent said, and any physical contact. If you want the judge to address custody, child support, spousal support, exclusive use of a shared home, or possession of a pet, say so in the petition. The judge can only grant what you ask for.

What Happens After You File

The Clerk sends your file to a judge, who reviews it without the respondent present. This is called an ex parte review. If the judge finds immediate danger of violence or stalking based on your sworn statements, the court issues a temporary injunction effective for up to 15 days, and schedules a final hearing before that order expires. The same 15-day cap applies to stalking injunctions.⁷⁴ During those 15 days, the order typically bars the respondent from contacting you, coming near your home, workplace, or school, and committing further violence. If the court grants a continuance for good cause, the temporary order stays in effect through the continuance.

The Lee County Sheriff’s Office serves the petition, notice of hearing, and any temporary injunction on the respondent.⁸ You can track service status through the Sheriff’s Office. If deputies cannot locate the respondent, the case cannot proceed to a final hearing until service is completed, so make sure the address and location information you provide is as current as possible.

At the final hearing at the Lee County Justice Center, both sides present evidence and testimony. Bring everything you have: text messages, voicemails, photos of injuries, police reports, medical records, and witnesses. The respondent can testify and present evidence too. If the judge finds a reasonable basis for fearing future violence, the court issues a final injunction, which can stay in effect indefinitely until a court modifies or dissolves it.⁹

What a Final Injunction Can Order

A final domestic violence injunction can do far more than order someone to stay away. If you share children with the respondent, the judge can award you up to 100 percent of parenting time under a temporary parenting plan that lasts until the injunction expires or a family court enters its own custody order. If a prior custody order already exists, the judge can require that child exchanges happen at a neutral safe-exchange location.⁷

The court can also set temporary child support and spousal support on the same basis used in divorce proceedings, grant you exclusive use of a shared home, order the respondent into a batterers’ intervention program at the respondent’s expense, and award you care and possession of a shared pet. You have to ask for each of these in your petition.⁹

A final injunction also triggers firearm restrictions. Under Florida law, anyone subject to a current final injunction for domestic violence, stalking, or cyberstalking is prohibited from possessing any firearm or ammunition, and violating that ban is a first-degree misdemeanor on its own.¹⁰¹¹ A current domestic violence or repeat violence injunction also bars a person from obtaining a Florida concealed carry license.¹²

If the Respondent Violates the Order

Call 911 right away and save evidence of the violation: screenshots of calls, texts, voicemails, photos. Law enforcement can arrest the respondent without a warrant for violating a domestic violence injunction, and once arrested the respondent must be held in custody until brought before a judge.⁹

Prohibited conduct includes contacting you directly or indirectly, going within 500 feet of your home, school, or workplace, coming within 100 feet of your car, destroying your property, refusing to vacate a shared home, and refusing to surrender firearms if ordered to do so. A first or second violation is a first-degree misdemeanor carrying up to one year in jail and a fine of up to $1,000. With two or more prior convictions for violating an injunction against the same victim, a further violation becomes a third-degree felony punishable by up to five years in prison and a fine of up to $5,000.¹³ The same penalty structure applies to violations of repeat violence, dating violence, and sexual violence injunctions.¹⁴

Changing or Ending the Injunction Later

Either party can ask the court to modify or dissolve a final injunction at any time by filing a motion, with no specific allegations required. The court sets a hearing where both sides argue, and the judge decides.⁹ Florida Courts provides the standardized 12.940 D and E forms for these motions.¹⁵

If you’re the petitioner and the respondent files to dissolve the order, take the hearing seriously. You have the right to oppose the request, and the judge will not remove the order just because the respondent asks. If your situation has genuinely changed and you no longer need the protection, you can file to dissolve it yourself.

1
The Florida Legislature. Florida Code 741.28 – Domestic Violence; Definitions
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The Florida Legislature. Florida Code 784.046 – Action by Victim of Repeat Violence, Sexual Violence, or Dating Violence for Protective Injunction
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The Florida Legislature. Florida Code 784.048 – Stalking; Definitions; Penalties
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Florida Senate. Florida Code 784.0485 – Stalking; Injunction
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Lee County Clerk of Court, FL. Domestic Violence and Injunction for Protection
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Lee County Clerk of Court, FL. Contact Us
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Florida Senate. Florida Code 741.30 – Domestic Violence; Injunction; Powers and Duties of Court and Clerk
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Lee County Sheriff’s Office. Civil
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The Florida Legislature. Florida Code 741.30 – Domestic Violence; Injunction; Powers and Duties of Court and Clerk
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The Florida Legislature. Florida Code 790.233 – Possession of Firearm or Ammunition Prohibited When Person Is Subject to an Injunction
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Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
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Florida Courts. Firearms and Domestic Violence
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The Florida Legislature. Florida Code 741.31 – Violation of an Injunction for Protection Against Domestic Violence
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Florida Senate. Florida Code 784.047 – Penalties for Violating Protective Injunction Against Violators
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Florida Courts. Dissolve/Modify Injunction