PAGE CONTENTS
Want a full walkthrough with examples, evidence tips, and courthouse filing guidance?
Read our step-by-step guide: How to Get a Restraining Order in Florida.
Florida courts issue several types of injunctions, including domestic violence, stalking, repeat violence, dating violence, sexual violence, and cyberstalking. Each category has its own legal requirements. Because of that, you should identify the correct category before you file.
If you file under the wrong category, the court may deny the request or require corrections. Therefore, many people review the requirements and gather evidence first.
To request an injunction, you complete a sworn petition at the clerk of court’s office (or through the clerk’s online process, depending on the county). In that petition, you explain what happened and why you believe protection is necessary. Because you sign it under oath, accuracy and clarity matter.
Also, these filings typically become part of the public record. Photos, screenshots, and written statements you submit often stay in the court file. For that reason, it can help to organize your timeline and evidence before you file.
After filing, a judge reviews the petition—often the same day. If the judge sees legal grounds and an immediate need for protection, the court may issue a temporary injunction and set a final hearing. If not, the judge may deny the temporary order or still set the case for hearing, depending on the allegations.
To understand what a temporary order means, see: What Is a Temporary Injunction?.
The final hearing is where the judge decides whether to enter a final injunction. At that hearing, you may need to testify, present evidence, and call witnesses. Because the burden of proof is on the petitioner, preparation matters.
If the court enters a final injunction, it can have real-world consequences. For context, review: What Is a Final Injunction? and Consequences of an Injunction in Florida.
If you’re reading this because you were served and need to defend the case instead, start here: How to Fight a Restraining Order in Florida.
Sometimes, other legal or practical options can address the problem more effectively. Depending on the facts, criminal charges, safety planning, or other civil remedies may help. If you are unsure which route fits your situation, a consultation can help you evaluate the pros and cons.
Is it easy to get an injunction in Florida?
Filing paperwork is straightforward. However, getting a final injunction depends on meeting legal requirements and presenting credible evidence at the hearing.
Do I need a lawyer to get an injunction?
A lawyer is not required, but legal guidance can help you organize evidence, present your case clearly, and avoid common procedural mistakes.
Will everything I file become public?
Most filings become part of the public record. You should assume written statements and exhibits may remain accessible in the court file.
What happens if the judge denies my request?
If the judge denies the injunction (or denies the temporary order), the case may end or proceed to a hearing depending on the court’s ruling and the allegations in the petition.
Florida Bar note: This page provides general legal information only and is not legal advice. Reading this page does not create an attorney-client relationship. Outcomes depend on the facts and local court practices.
Fill out the form below for an free evaluation of your case.
Call Now
