When Can A Judge Order An Injunction With Only One Party Present?

April 21, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, a judge will sometimes grant an injunction even when the respondent is not physically present. An injunction is defined as a court order that tells one person (respondent) to stay away from and not contact another person (petitioner). 

But judges are limited by law as to when they can grant an “ex parte injunction.” This blog will discuss the legality of ex parte injunctions ordered when the respondent has not been served and is not present at an injunction hearing.

Under Florida Statutes Section 741.30, an ex parte injunction is a temporary injunction that is granted by a judge despite the respondent not being present at the hearing. There are two types of injunctions – a temporary injunction, and a final injunction. A final (permanent) injunction cannot be legally granted until the respondent has been served, though it can still be granted if the respondent does not appear at the final injunction hearing.

But a temporary, ex parte injunction can be ordered under limited circumstances even when the respondent does not show up. This is the case if the respondent was not even made aware that the injunction hearing was happening. A temporary injunction may nevertheless be entered by the court if a few conditions are met.

Under Florida Statutes Section 741.30, the terms of a temporary injunction may include:

• Restraining the respondent from committing any acts of domestic violence or stalking
• Awarding to the petitioner the temporary exclusive use and possession of the dwelling that the parties share – or excluding the respondent from the residence of the petitioner
• Providing the petitioner a temporary parenting plan, including a time-sharing schedule, which may award the petitioner up to 100 percent of the time-sharing (child custody)
• Awarding to the petitioner the temporary exclusive care, possession, or control of an animal that is owned, possessed, harbored, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent

The statute states that if it is “apparent” that stalking or violence is occurring, the court may enter a temporary ex parte injunction for a period of up to 15 days before the hearing for a final injunction occurs. But under Section 741.30(5)(c), the temporary injunction will still apply even if there is a continuance of the final hearing that stretches beyond the initial 15-day deadline. 

However, the right of the court to grant a temporary ex parte injunction is not unlimited. Under the statute, such an injunction can only be granted if it is based on the verified legal pleadings and affidavits of the petitioner that were submitted before the hearing.

In other words, if a hearing occurs without the respondent having been served and without them being physically present, a judge cannot consider any additional evidence from the petitioner to grant an injunction. If the court finds it does not have grounds to grant a temporary injunction based on the written allegations of the petitioner before the hearing, the court cannot ask for additional testimony or evidence from the petitioner to support granting the ex parte injunction. 

Florida Statutes Section 741.30(5)(b) reads that “in a hearing ex parte for the purpose of obtaining such ex parte temporary injunction, no evidence other than verified pleadings or affidavits shall be used as evidence, unless the respondent appears at the hearing or has received reasonable notice of the hearing.” 

Without a respondent appearing or receiving notice, there can be no temporary injunction unless it is based on evidence the judge has reviewed before the hearing. Florida’s courts have applied this rule, striking down injunctions ordered despite the petitioner’s lack of appearance and notice when injunction petition and affidavits “fail to satisfy even the minimal requirements of the statute.” Kopelovich v. Kopelovich, 793 So.2d 31 (Fla 2nd DCA 2001).

If someone is involved in an injunction case, 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, hefty fines, or the ordering of an injunction.

Criminal Defense 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 experienced criminal defense lawyers at Pumphrey Law have decades of experience fighting 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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