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Quick Answer
If you or your children are in danger, Florida offers protective orders (restraining orders) to provide legal safety. Florida offers domestic violence injunctions that can be issued on an emergency (ex parte) basis. They can include no-contact provisions, exclusive use of the home, and temporary custody. Your safety always comes first.
Understanding protective orders & safety in Florida is one of the most important steps in your divorce preparation. This guide covers what Florida law requires, what to expect, and how to prepare — in plain language, not legalese.
Section · 01
Florida offers Domestic Violence Injunctions that can be issued on a temporary (ex parte) basis, typically lasting 15 days until a hearing. After the hearing, a final injunction can last indefinitely. Injunctions can include no-contact provisions, exclusive use of the shared home, temporary custody and support, and requiring the respondent to attend a batterers' intervention program.
Section · 02
To get a domestic violence injunction in Florida: file a sworn petition with the Circuit Court. A judge can issue a temporary injunction the same day without the respondent present. A hearing for a permanent injunction is set within 15 days. You do not need an attorney to file, and there are no filing fees for domestic violence protective orders in Florida.
Section · 03
A protective order can significantly affect your divorce proceedings. In Florida, evidence of domestic violence is a factor in determining custody (time-sharing), and can affect alimony, property distribution, and attorney fee awards. The court must consider domestic violence in making parenting plan determinations. Document all incidents thoroughly — DIVORSAY's Evidence Vault provides a secure, timestamped record.
Section · 04
Your safety is the most important priority. If you are in immediate danger, call 911. Additional resources include: the National Domestic Violence Hotline at 1-800-799-7233 (available 24/7), the Crisis Text Line (text HOME to 741741), and the Florida Partnership to End Domestic Violence (fpedv.org). Develop a safety plan that includes: a safe place to go, important documents stored securely (Evidence Vault can help), an emergency bag packed, and trusted people who know your situation. You don't have to navigate this alone.
What Makes Florida Different
Florida's domestic violence injunctions can include exclusive use of the shared home, temporary custody and support, and mandatory batterer's intervention programs. They can last up to a year and be renewed.
FAQ
A Temporary Domestic Violence Injunction can be issued the same day you file your petition, without the respondent present. It lasts up to 15 days, until a full hearing. Your safety should never wait.
No. You can file for a protective order without an attorney, and there are no filing fees for domestic violence orders in Florida. Florida courts have clerk's offices that can provide the forms and instructions. Many local domestic violence organizations offer free legal advocacy. While an attorney isn't required, having legal support can help ensure the order is as comprehensive as possible.
A Florida domestic violence injunction can: prohibit contact; award exclusive use of the shared home; establish temporary custody and support; order the respondent to attend a batterers' intervention program; and prohibit firearm possession.
Yes. Florida courts must consider domestic violence as a factor in determining time-sharing. Evidence of domestic violence creates a rebuttable presumption against shared parental responsibility with the abusive parent. Documenting incidents in Evidence Vault creates a clear record for custody proceedings.
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Notice
This is legal information, not legal advice. We’re here to help you understand your landscape — but for guidance specific to your situation, talk to a family law attorney in Florida. You deserve someone in your corner.