Domestic Violence Injunctions in Florida: Everything to Know

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

Domestic violence injunctions in Florida may be issued if someone has previously experienced domestic violence, or has a reasonable and imminent fear of becoming a domestic violence victim.

In Florida, petitions are often filed for a domestic violence injunction – regulated by Fla. Stat. 741.30. Whether someone is filing for an injunction (petitioner) or is the target of the petition (respondent), it is important to understand the law surrounding domestic violence injunctions in Florida.

This blog will provide an overview on what is legally required to obtain a domestic violence injunction in Florida.

What is a domestic violence injunction?

Florida provides a comprehensive legal framework surrounding domestic violence injunctions, governed primarily by Fla. Stat. 741.30. A domestic violence injunction is a court order that is designed to protect individuals from domestic violence or an imminent threat of domestic violence. 

What is the definition of domestic violence? 

Domestic violence is defined as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” Lopez v. Regalado, 257 So.3d 550 (Fla. 3d. DCA 2018)

What must the petitioner prove to receive a domestic violence injunction? 

To obtain an injunction, the petitioner must demonstrate either that they are a victim of domestic violence or they have reasonable cause to believe that they are in imminent danger of becoming a victim (Lopez). 

What is the burden of proof?

The “burden of proof” standard in these proceedings is not beyond a reasonable doubt (like it is in criminal cases). However, the petitioner must provide competent and substantial evidence they have been a domestic violence victim or have a reasonable fear of imminently becoming a victim. In re A.B., 186 So. 3d 544 (Fla. 2d. DCA 2015).

What does the court consider in deciding whether to issue an injunction?

When someone files a petition for a domestic violence injunction, the court considers various factors. These include whether the evidence supports the petitioner’s allegedly “reasonable fear” of domestic violence, the parties’ behavior within the relationship, and the history of the relationship as a whole (Lopez).

What are the procedural requirements? 

Florida law provides for both temporary and final (permanent) injunctions for protection against domestic violence. A temporary injunction may be issued without notice to the respondent if the petitioner demonstrates an immediate and present danger of domestic violence.

If this occurs, the temporary injunction remains in effect until a full hearing can be held. This must typically be set within 15 days of the temporary injunction being granted – unless this is extended for good cause, such as a failure to serve the respondent. In re Amendments to Florida Supreme Court Approved Family Law Forms, 205 So.3d 1 (Fla. 2015).

What form must a petitioner use to file for a domestic violence injunction? 

A petitioner seeking a domestic violence injunction must file a petition using Florida Supreme Court Approved Family Law Form 12.980(a). This form is used to request a protective order and must include all relevant allegations and evidence supporting the claim of domestic violence or imminent danger. In re Amendments to Florida Supreme Court Approved Family Law Forms 12.980(a), 12.980(f), 12.980(n), 12.980(q), and 12.980(t), 370 So.3d 890 (Fla. 2023)

The court is to consider all the relevant facts alleged in the petition in determining whether to grant the injunction.

Who can file a domestic violence petition for injunction?

Under Fla. Stat. 741.30, the person seeking a domestic violence injunction (the petitioner) must be or have been a “family or household member” of the respondent. This includes:

• Current or former spouses
• People related by blood or marriage
• People living/who have lived together as a family
• People who have a child in common, even if they are not living together

The petitioner does not have to be married to or currently living with the respondent, so long as one of the required relationships above exists. 

What are the jurisdictional requirements?

A petition may be filed where the petitioner currently or temporarily lives, where the respondent lives, or where the domestic violence allegedly occurred (if past domestic violence is the reason for the petition).

What details must be contained within the petition?

The allegations of a petition for a domestic violence injunction must be verified (e.g. sworn under oath/under penalty of perjury) and must allege specific facts and circumstances that support the issuance of a domestic violence injunction. If someone fails to do so, the petition may be found legally insufficient.

The petition must also include personal details relevant to determining whether a domestic violence injunction can and should be issued, including:

• Petitioner’s address (can be kept confidential if needed)
• Respondent’s last known address, place of employment, physical description
• The petitioner’s relationship to the respondent (e.g. spouse, household member)
• A description of the violence or threats to support the reasonable fear of future violence
• If children are involved, their names and ages
• Any prior injunctions, pending litigation, or other attempts to get protective orders

Is there a filing fee for a domestic violence injunction? 

No, there is no filing fee. The court cannot legally require someone to post bond (e.g. if there is a criminal case) to make them eligible for an injunction. 

How is notice of a petition and/or a temporary injunction served?

The clerk must furnish the petitioner with certified copies of the injunction order and instructions for service based on the information provided. The clerk must facilitate service – and police/the sheriff will serve the respondent, often within 24 hours of issuance.

When will a judge issue a domestic violence injunction?

If the facts in the petition convince the judge that a petitioner is a victim of domestic violence or faces imminent danger, the judge will issue a temporary injunction. A final judgment of injunction may be issued after a full hearing, where both parties have the chance to present evidence and arguments (petitioner and respondent). 

A final injunction prohibits the respondent from committing any acts of domestic violence against the petitioner so long as the injunction exists, and the court may include other necessary protective measures. In re Amendments to the Florida Supreme Court Approved Family Law Forms, 20 So.3d 173 (Fla. 2009)

What if a domestic violence injunction is violated?

Violating a domestic violence injunction is a crime – a first-degree misdemeanor punishable by up to 1 year in jail and a $1,000 fine. Additional charges may result from the act itself that violates the injunction (e.g. battery, aggravated battery, domestic battery, or any other relevant charges).

Note: Either party may move to modify or dissolve an injunction at any time. If a dissolution occurs, the injunction no longer applies.

If someone is arrested and charged in a case stemming from an injunction, or is the petitioner or respondent in a domestic violence injunction proceeding, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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