How to Get a Restraining Order in Hillsborough County

To get a restraining order in Hillsborough County, you file a petition for an injunction for protection with the 13th Judicial Circuit at either the George Edgecomb Courthouse in Tampa or the Plant City Courthouse. There is no filing fee, no attorney requirement, and a judge can issue a temporary order the same day. A full hearing is set within 15 days, and emergency filings are accepted on weekends and holidays during a limited morning window.¹

Choose the Right Type of Injunction

Florida does not use a single all-purpose restraining order. Which petition you file depends on your relationship to the other person and what they have done.

A domestic violence injunction covers family or household members: current and former spouses, people related by blood or marriage, people who currently live together or once lived together as a family unit, and parents who share a child. Except for parents of a shared child, the parties must have lived together in the same dwelling at some point.²

A dating violence injunction applies when the two of you had a continuing romantic or intimate relationship within the past six months but were never married and did not live together. The relationship must have involved an expectation of affection or sexual involvement and been ongoing rather than casual.³

A repeat violence injunction requires no particular relationship, but you must show at least two incidents of violence or stalking by the same person, with one of them occurring within six months of filing.³

A sexual violence injunction has narrower rules. You must have reported the offense to law enforcement and be cooperating in any criminal proceeding, or the offender must have been sentenced to state prison and that sentence has expired or will expire within 90 days of your filing date. Sharing a child with the offender does not by itself give you standing to file this type; that situation typically routes through a domestic violence petition instead.⁴

A stalking injunction covers any victim of stalking or cyberstalking regardless of the relationship. You can file it in the circuit where you live, where the respondent lives, or where the stalking took place. There is no minimum residency requirement.⁵

Fill Out the Petition

The clerk’s office provides blank petition forms at either courthouse, and you can download them from the Hillsborough County Clerk’s website. Clerk staff can help you find the right forms but cannot give legal advice or tell you what to write.¹

The petition asks for identifying details the sheriff’s office will use to locate and serve the respondent: full legal name, date of birth, current address, physical description including height, weight, and distinguishing features like tattoos, and place of employment if you know it. More detail means faster service.

The core of the petition is your sworn statement. Describe each incident in chronological order with specific dates, times, and locations. Say exactly what was said or done, who else was present, and whether any weapons were involved. Vague phrasing like “he threatened me many times” does not give the judge enough to act on. If you have photos, screenshots of threatening messages, or medical records, hold onto them for the final hearing.

If you want the court to address temporary custody or child support, you must request those things in the petition itself by checking the appropriate boxes. Once you do, the judge is required to address them at the hearing, even if a separate family law case is already pending.⁶

Where and When to File

You have two in-person filing locations:

George Edgecomb Courthouse, 800 E. Twiggs St., Tampa. Monday through Friday, 8 a.m. to 5 p.m. Weekend and holiday filings accepted from 7 a.m. to 10 a.m.
Plant City Courthouse, 301 N. Michigan Ave., Plant City. Monday through Friday, 8 a.m. to 5 p.m., with petitions accepted until 4 p.m.

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The Clerk’s Office also offers online filing through TurboCourt, a self-guided interview that generates the correct forms and submits them electronically. Anything e-filed after 5 p.m. on a weekday, or on a weekend or holiday, waits until the next business day for processing. If your situation is urgent on a Saturday morning, walking in to the Edgecomb Courthouse during the 7 to 10 a.m. window is faster.⁸

Florida law prohibits the clerk from charging any filing fee for domestic violence, repeat violence, sexual violence, dating violence, or stalking injunctions.⁹

What Happens After You File

Once the clerk processes your petition, a judge reviews it without the respondent present. For a domestic violence petition, the judge decides whether you face an “immediate and present danger” of domestic violence. For other injunction types, the standard is whether the petition shows enough evidence that the described violence or stalking exists.⁹

The statute lists specific factors the judge weighs, including your history with the respondent, whether weapons were used or threatened, whether the respondent tried to harm your children or pets, whether you were physically prevented from leaving or calling police, and whether the respondent has a criminal history involving violence. This is why your written statement should address these points directly.

If the judge finds the standard is met, the court issues a temporary injunction that takes effect immediately. The temporary order can include stay-away requirements, exclusive use of the home, and temporary custody. It remains enforceable while the sheriff serves the respondent and the court schedules the full hearing.

Prepare for the Final Hearing

A temporary injunction lasts no more than 15 days, and the full hearing must be scheduled before it expires. The same 15-day rule applies to repeat violence, dating violence, and sexual violence temporary injunctions.⁹⁴

The Hillsborough County Sheriff’s Office personally serves the respondent with the temporary injunction and the notice of hearing. Both sides can present evidence and call witnesses at the full hearing. Bring photos of injuries, screenshots of threatening messages, police reports, and medical records. Witnesses who saw the incidents or their aftermath can testify. The respondent has the same right to present evidence and cross-examine your witnesses.

If the judge grants a final injunction, it can last for a set period, often one year, or be issued without an expiration date. The order is filed with the clerk and entered into a statewide verification system that law enforcement can access.¹⁰

What a Final Injunction Can Order

A final domestic violence injunction, at minimum, prohibits the respondent from committing further acts of violence. Beyond that, the judge has discretion to add:⁹

Exclusive use of a shared home, removing the respondent from the residence even if both names are on the lease or deed.
A temporary parenting plan awarding you up to 100 percent of parenting time, with any exchanges to occur at a neutral, supervised location.
Temporary child support, if the respondent is the child’s legal parent, adoptive parent, or court-appointed guardian. Support can only be awarded in a final injunction, not a temporary one, and any deviation of more than 5 percent from Florida’s child support guidelines must be explained in writing.⁶
No-contact provisions barring calls, texts, email, social media, or third-party contact.
An order that the respondent complete a batterers’ intervention program at their own expense.
Exclusive care and control of household pets, with the respondent prohibited from harming or removing them.

Repeat violence, dating violence, and stalking injunctions offer similar protections against violence and contact, but the temporary custody and child support provisions are specific to domestic violence cases.³

The temporary parenting plan and child support order remain in effect until the injunction expires or a separate family court enters its own order. If that happens, the family court order takes priority over any conflicting provisions in the injunction.⁹

If the Respondent Cannot Be Served

If the sheriff cannot locate the respondent before the hearing date, either party can ask for a continuance, and failure to complete service is specifically recognized as good cause. Your temporary injunction is automatically extended and stays in full force during the continuance. Your protection does not lapse while the sheriff keeps looking.¹⁰

If the respondent was already served with the temporary injunction and simply failed to appear, any later petition to extend the case can be served by certified mail through the clerk’s office rather than by a law enforcement officer.

Firearms

A respondent under a final domestic violence or stalking injunction is prohibited from possessing any firearm or ammunition for the life of the order. The respondent must surrender all firearms and ammunition to law enforcement, obtain a receipt, and file that receipt with the court.¹¹

For repeat violence, dating violence, and sexual violence injunctions, surrender is not automatic, but the judge can order it as part of the final injunction if the issue comes up at the hearing. If you believe the respondent’s access to firearms poses a danger, put it in your petition and raise it in court. Violating the firearm restriction is a separate first-degree misdemeanor carrying up to one year in jail and a $1,000 fine.¹¹

If the Respondent Violates the Order

Violating any term of a domestic violence injunction is a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.¹²¹³ The same penalty applies to repeat violence, sexual violence, and dating violence violations. Prohibited conduct includes going within 500 feet of the petitioner’s home, school, or workplace, making contact by phone or through a third party, damaging property, and refusing to surrender firearms when ordered.¹⁴

A respondent with two or more prior convictions for violating an injunction who violates again against the same victim faces a third-degree felony, carrying up to five years in state prison.¹⁴

If the respondent violates the order, call 911. Law enforcement can make an arrest on the spot without a separate warrant. The state attorney then decides within 30 working days whether to file criminal charges, pursue a contempt of court finding, or both.¹²

Modifying or Extending an Injunction

Either party can ask the court to modify or dissolve an injunction at any time by filing a motion with the clerk. There is no requirement to allege specific new facts, and the court will schedule a hearing.¹⁰

Common reasons include changes in living arrangements, adjusting custody or support, or extending an injunction that is about to expire. Respondents sometimes move to dissolve an order, arguing that circumstances have changed. The protective terms of a domestic violence injunction remain in effect until a court specifically modifies or dissolves them. They do not silently expire.

Where to Get Help

You do not need an attorney to file, but having one can matter at the final hearing, particularly if the respondent shows up with counsel. Bay Area Legal Services provides free assistance to Hillsborough County residents in domestic violence cases at (800) 625-2257, weekdays 9 a.m. to 4:30 p.m., and also runs a Legal Information Center for people representing themselves in family law matters.

The Spring of Tampa Bay, the county’s certified domestic violence center, operates a 24-hour crisis hotline at (813) 247-SAFE (7233) and offers legal services and therapy for survivors.

1
Hillsborough County Clerk of Court & Comptroller. Domestic Violence/Injunctions for Protection
2
The Florida Legislature. Florida Code 741.28 – Domestic Violence Definitions
3
Florida Senate. Florida Code 784.046 – Action by Victim of Repeat Violence, Sexual Violence, or Dating Violence for Protective Injunction
4
Florida Senate. 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 784.0485 – Stalking Injunction for Protection
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Florida Courts. Temporary Child Support in Domestic Violence Cases
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Thirteenth Judicial Circuit Administrative Office of the Courts. Domestic Violence Program – FAQs
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Hillsborough County Clerk of Court & Comptroller. Domestic Violence Injunction Filing Locations
9
The Florida Legislature. Florida Code 741.30 – Domestic Violence Injunction
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The Florida Legislature. Florida Code 741.30 – Domestic Violence Injunction
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Florida Senate. Florida Code 790.233 – Possession of Firearm or Ammunition Prohibited When Person Is Subject to Injunction
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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 775.082 – Penalties, Applicability of Sentencing Structures, Notification to Department of Corrections
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The Florida Legislature. Florida Code 784.047 – Penalties for Violating Protective Injunction Against Violators