How to Get a Restraining Order in Jacksonville, FL

To get a restraining order in Jacksonville, FL, you file a Petition for Injunction for Protection at the Duval County Courthouse, 501 West Adams Street, Room 2409, in downtown Jacksonville. There is no filing fee. A judge reviews your petition the same day, can issue a temporary order that lasts up to 15 days, and sets a final hearing before that temporary order expires. Florida statutes do not use the phrase “restraining order,” but the injunction process does the same job.¹

Pick the Right Type of Injunction

Florida has five categories, and the one you file under depends on your relationship to the person you need protection from and what they have done.

Domestic violence covers “family or household members,” which includes spouses, former spouses, people related by blood or marriage, people who currently or previously lived together as a family, and parents of a shared child even if they never lived together. You must show you are a victim of domestic violence or have a reasonable belief that violence is about to happen.²³

Dating violence requires a continuing romantic relationship within the past six months, with an expectation of affection and regular interaction. Casual acquaintances do not qualify.⁴

Repeat violence needs no particular relationship. You need two separate incidents of violence or stalking against you or an immediate family member, with at least one occurring within six months of filing.

Sexual violence protects victims of sexual battery or lewd acts regardless of relationship.

Stalking covers repeated following, harassment, or cyberstalking. Harassment under Florida law means a pattern of conduct directed at you that causes substantial emotional distress and serves no legitimate purpose, and the statute treats electronic harassment through email or social media the same as in-person stalking.⁵⁶

Prepare Your Petition

The petition is Florida Supreme Court Form 12.980, with a separate version for each category. Download it from the Florida Courts website or pick up a paper copy at the courthouse. The Duval Clerk’s domestic violence page links directly to the statewide forms.¹

Include the respondent’s full legal name, home or work address, and physical description. Height, weight, hair color, tattoos, vehicle make and model, and a license plate number all help the Jacksonville Sheriff’s Office locate the person to serve the order.

The written statement is the heart of the petition. Judges rely on it heavily, so write a chronological account with dates, times, locations, exact words the respondent used, and any injuries. “On March 5 at approximately 8 p.m., he came to my apartment uninvited and said he would hurt me if I called police again” carries far more weight than “he has been threatening.” Attach anything you have: police reports, medical records, screenshots of messages, photographs of injuries. None of it is required, but it strengthens the judge’s first read of your case.

File at the Duval County Courthouse

Bring the completed petition to Room 2409 at 501 West Adams Street. The Clerk’s office processes it and routes it to a judge the same day.⁷ Filing, issuance, and service of a protective order for domestic violence, dating violence, sexual assault, or stalking are free under federal law, and you should not be asked to pay at any stage.

Same-Day Review and the Temporary Injunction

The judge reviews your petition ex parte, meaning without the respondent present, based only on what you wrote. If the judge finds an immediate danger, a temporary injunction issues that same day and lasts up to 15 days.³ The same 15-day window applies to temporary orders for dating, repeat, and sexual violence.⁸ The court can extend the temporary order for good cause, which is common when the respondent has not yet been served.⁹

If the judge does not find enough to justify an immediate order, the case may still be set for a hearing without a temporary order, or it may be denied outright.

After the temporary order is signed, the Clerk coordinates service through the Jacksonville Sheriff’s Office. A deputy physically hands the respondent the order and the hearing date. Until service happens, enforcement is difficult because the respondent can claim they never knew about the order.

The Final Hearing

Both you and the respondent appear before a judge, usually within 15 days. Bring witnesses, documents, photographs, text messages, voicemails, and anything else that supports your account. The respondent has the same right to present evidence and to challenge yours.

If the judge finds you have met the legal standard, the court enters a Final Judgment of Injunction for Protection. It can last for a defined period or indefinitely, depending on the facts. If the evidence falls short, the case is dismissed and any temporary protection ends immediately.

You do not need an attorney, and many petitioners handle the process themselves. The final hearing is adversarial, though, and the respondent may bring a lawyer. If you can arrange representation for that stage, it helps.

What a Final Injunction Can Order

A domestic violence injunction can do considerably more than tell the respondent to stay away. Common provisions include:

No contact, direct or through a third party, by any means
A stay-away distance of at least 500 feet from your home, workplace, school, and other regular locations
Exclusive use of a shared residence, requiring the respondent to leave
A temporary parenting plan that can award up to 100 percent of parenting time to the petitioner and require exchanges at a safe location
Temporary child support or support for the petitioner
Batterers’ intervention or counseling at the respondent’s expense
Exclusive care and possession of household pets, with a prohibition on the respondent harming or disposing of the animal

These provisions come from the domestic violence statute.³ Injunctions for dating, repeat, and sexual violence and for stalking carry the no-contact and stay-away terms, but the child custody and support pieces are not included unless a separate family case is pending.

Firearms

A final domestic violence or stalking injunction makes it illegal for the respondent to possess any firearm or ammunition. Violation is a first-degree misdemeanor on its own, with the only exemption for active law enforcement officers carrying for official duties.¹⁰ After service, the respondent must surrender firearms and ammunition to law enforcement, get a receipt, and file it with the court. A compliance hearing usually follows to confirm the surrender happened.¹¹

For dating, repeat, and sexual violence injunctions, firearm surrender is not automatic. The judge can order it if the issue came up during the hearing.

Federal law adds a separate prohibition under 18 U.S.C. 922(g)(8). Once a qualifying final order is entered after a noticed hearing, the federal ban applies even if the state judge said nothing about guns. Temporary ex parte orders generally do not trigger it because the respondent has not yet had a hearing.¹²

Penalties for Violating the Order

Violation is a crime, not just contempt. The statute lists specific prohibited acts: coming within 500 feet of your home, school, or workplace; coming within 100 feet of your vehicle; contacting you directly or indirectly; damaging your property; and refusing to surrender firearms when ordered.¹³

A first violation is a first-degree misdemeanor, up to one year in jail and up to a $1,000 fine. With two or more prior convictions for violating an injunction against the same victim, the next violation becomes a third-degree felony, up to five years in prison and a $5,000 fine. The same structure applies to dating, repeat, and sexual violence injunctions.¹⁴

Call the Jacksonville Sheriff’s Office immediately for any violation, even one that seems minor like a single text. Officers have arrest authority, and the respondent must be held until seen by a judge for bond. A documented pattern also pushes future violations into felony territory faster.

If You Leave Florida

The order does not stop at the state line. Under the Violence Against Women Act, every state, tribe, and U.S. territory must enforce a valid protection order from any other jurisdiction as if it were their own, provided the issuing court had jurisdiction and the respondent had notice and an opportunity to be heard.¹⁵ Florida orders are entered into the FBI’s National Crime Information Center database so officers anywhere can verify them. Carry a certified copy if you travel or relocate.

Changing or Ending the Injunction

Either party can file a motion to modify or dissolve the order. The moving party has to show changed circumstances, and the court holds a hearing on the request. A judge can keep the order in place if the petitioner still has a reasonable, non-speculative fear of violence.

If you are the petitioner and things have calmed down, know that dissolving the order removes the criminal enforcement mechanism. If problems return, you start the entire process from scratch.

1
Duval Clerk of the Circuit Court. Domestic Violence
2
Florida Senate. Florida Code 741.28 – Domestic Violence Definitions
3
The Florida Legislature. Florida Code 741.30 – Domestic Violence Injunction
4
The Florida Legislature. Florida Code 784.046 – Action by Victim of Repeat Violence, Sexual Violence, or Dating Violence for Protective Injunction
5
The Florida Legislature. Florida Code 784.048 – Stalking
6
The Florida Legislature. Florida Code 784.0485 – Stalking Injunction
7
Florida Court Clerks & Comptrollers. How Do I File for an Injunction Against Domestic Violence
8
Florida Senate. Florida Code 784.046 – Action by Victim of Repeat Violence, Sexual Violence, or Dating Violence for Protective Injunction
9
Florida Courts. Chapter 39 Injunctions
10
The Florida Legislature. Florida Code 790.233 – Possession of Firearm or Ammunition Prohibited When Person Is Subject to an Injunction
11
Florida Courts. Firearms and Domestic Violence – A Quick Reference Guide to Firearm Laws in Florida
12
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
13
The Florida Legislature. Florida Code 741.31 – Violation of an Injunction for Protection Against Domestic Violence
14
Florida Senate. Florida Code 784.047 – Penalties for Violating Protective Injunction Against Violators
15
Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders