Motion for Protective Order in Florida: Filing, Hearing, Enforcement

To file a protective order in Florida, take a sworn petition to the Clerk of the Circuit Court in the county where you live, where the person you need protection from lives, or where the violence happened. There is no filing fee. Florida courts call these orders injunctions for protection, and they cover five situations: domestic violence, dating violence, sexual violence, repeat violence, and stalking or cyberstalking. A judge reviews your petition the same day or shortly after and can issue a temporary order immediately if you show immediate danger. A final hearing follows within about 15 days, and if the judge grants the injunction, it is enforceable by any law enforcement officer in the state.

Pick the Right Type of Injunction

Florida has five separate injunction categories, and the one you file under determines the form you use and what you have to prove.¹²³

Domestic violence covers abuse or threats between family members, household members, or current and former spouses.
Dating violence applies when the two people have or had a continuing romantic or intimate relationship.
Sexual violence covers incidents like sexual battery or other forcible felonies involving a sexual act, whether or not criminal charges were filed.
Repeat violence requires at least two incidents of violence or stalking by the same person, with one within six months of filing.
Stalking and cyberstalking covers repeated following, harassment, or online stalking, and does not require any specific relationship.

The clerk’s office can point you to the correct petition form but cannot give legal advice about which category fits.

One boundary worth flagging: in a civil lawsuit, the phrase “motion for protective order” refers to a request to limit burdensome discovery. That is a different procedure from the personal-safety injunctions on this page.

Where to File and What It Costs

File the sworn petition with the Clerk of the Circuit Court in one of three counties: where you live, where the respondent lives, or where the violence happened.³ Florida law prohibits the clerk from charging a filing fee for any of the five injunction types.¹ There is no minimum residency requirement.

You do not need an attorney to file, though one can help if the situation involves children, shared property, or a respondent who will bring counsel to the hearing. Official petition forms are available at the clerk’s office and on the Florida Courts website.

What to Put in the Petition

A judge’s initial decision rests entirely on what you write in the petition, so specificity is everything. Include exact dates, times, and locations of each incident. Describe what actually happened. Write what the person said and did rather than conclusions like “he threatened me.” Vague descriptions are the most common reason petitions get denied at the temporary stage.

The petition also needs the respondent’s best-known address so the sheriff can serve them. If you share minor children with the respondent, identify the children so the court can address custody and time-sharing in the order. For a domestic violence petition, describe the relationship between you and the respondent to confirm you qualify as a family or household member under the statute.¹

Keeping Your Address Off the Record

If you have relocated to escape an abuser and the new address is unknown to them, Florida’s Address Confidentiality Program through the Attorney General’s office can shield your residential, school, and work addresses from public records.⁴ Enrollment happens separately from the injunction, usually through a victim advocate. Ask about it before filing so your location does not end up in the court file.

The Temporary Injunction

Once you file, a judge reviews the petition the same day or very soon after, without the respondent present or aware of it. The standard is whether you face “immediate and present danger” of violence based on what your sworn petition describes.¹²

If the judge finds sufficient grounds, a temporary injunction takes effect immediately. It typically orders no contact, direct or indirect. It can also grant you temporary exclusive use of a shared home and establish temporary custody arrangements. The temporary order lasts up to 15 days, and the court sets a final hearing before it expires.¹

If the Temporary Order Is Denied

A denial does not end the case. If the judge finds no immediate and present danger but your petition otherwise states a valid claim, the court must schedule a full hearing with notice to the respondent at the earliest possible time.⁵ The denial has to be in writing and state the legal grounds. You can also amend the petition to add detail and refile.

Serving the Respondent

The respondent has to be served before any hearing can go forward and before the temporary order is enforceable against them. Within 24 hours of the court issuing the injunction, the clerk transmits the petition, temporary order, and hearing notice electronically to the sheriff or law enforcement in the county where the respondent lives or can be found.⁶ Officers serve the respondent in person, any day, any hour.

You do not pay for service. If you encounter the respondent before service is complete, you can hand a certified copy of the injunction to any law enforcement officer, who must serve it on the spot.⁶ If the respondent cannot be located in time, the court usually extends the temporary order and resets the hearing.

The Final Hearing

At the final hearing, both sides appear before a judge, give testimony, and can call witnesses or introduce evidence such as photos, text messages, medical records, or police reports. You carry the burden of proof. For a domestic violence injunction, you must show that you are a victim of domestic violence or have reasonable cause to believe you are in imminent danger of becoming one.¹ The standard is preponderance of the evidence, meaning more likely than not.

Prepare like it is a trial. Organize evidence chronologically. Bring screenshots of threatening messages, photos of injuries, copies of police reports, and contact information for any witnesses. The respondent may appear with an attorney even if you do not. Florida’s domestic violence legal aid organizations can sometimes provide free or low-cost representation for petitioners.

What a Final Injunction Can Include

If the judge grants the injunction, the order can be shaped to your circumstances. A final domestic violence injunction stays in effect indefinitely until either party asks the court to modify or dissolve it.¹ Other injunction types may have a set duration. Common provisions:

No contact, direct or indirect, including phone, text, social media, and messages through third parties.
A stay-away distance of at least 500 feet from your home, school, workplace, and other places you regularly visit.⁷
At least 100 feet from your car, whether or not you are in it.⁷
Exclusive use of a shared residence, with the respondent ordered to vacate.
Temporary time-sharing arrangements for minor children and financial support.
A firearm and ammunition prohibition. The order must state on its face that possessing firearms or ammunition is a first-degree misdemeanor for the respondent.¹

A separate federal statute, 18 U.S.C. § 922(g)(8), also bars a respondent from possessing firearms or ammunition once a qualifying protection order has been entered after a hearing where they had notice and an opportunity to participate.⁸ Federal law generally applies to final injunctions, not to temporary orders issued before the respondent has been heard.

If the Respondent Violates the Order

Violating any term of an injunction for protection is a first-degree misdemeanor in Florida, punishable by up to one year in jail and a fine of up to $1,000.⁷ Violations include contacting you, coming within the restricted distance, damaging your property, refusing to leave a shared home, or refusing to surrender firearms.

A person with two or more prior convictions for violating an injunction who commits another violation against the same victim faces a third-degree felony.⁷ Any law enforcement officer in Florida can enforce the order, not just the agency that served it. Call police right away if the respondent breaks any term.

Enforcement in Other States

A Florida injunction does not lose its force at the state line. Federal law requires every state, tribe, and territory to recognize and enforce a valid protection order issued anywhere in the country, as long as the respondent had notice and an opportunity to be heard. You do not need to register the order in another state to make it enforceable, but carry a certified copy when you travel so local officers can act quickly. Temporary orders issued before service generally do not qualify for interstate enforcement.⁹

Changing or Ending an Injunction

Either party can ask the court to modify or dissolve a final injunction at any time by filing a motion.¹ The statute does not require specific allegations, but a judge needs a reason. Petitioners who want the order lifted should be ready to explain what has changed, because judges sometimes ask whether the request is voluntary. A respondent asking to vacate has to show that the circumstances that justified the injunction no longer exist. Either way, the court holds a hearing before making changes.

1
Florida Senate. Florida Code 741.30 – Domestic Violence Injunction Powers and Duties of Court and Clerk
2
Online Sunshine. Florida Statutes 784.046 – Action by Victim of Repeat Violence, Sexual Violence, or Dating Violence for Protective Injunction
3
Online Sunshine. Florida Statutes 784.0485 – Stalking Injunction Powers and Duties of Court and Clerk
4
Online Sunshine. Florida Statutes 741.465 – Address Confidentiality Program for Victims of Domestic Violence Public Records Exemption
5
Online Sunshine. Florida Statutes 741.30 – Domestic Violence Injunction
6
Florida Senate. Florida Code 741.30 – Domestic Violence Injunction Powers and Duties of Court and Clerk
7
Online Sunshine. Florida Statutes 741.31 – Violation of an Injunction for Protection Against Domestic Violence
8
Office of the Law Revision Counsel. United States Code Title 18 Section 922 – Unlawful Acts
9
Office of the Law Revision Counsel. United States Code Title 18 Section 2265 – Full Faith and Credit Given to Protection Orders