How to Get a Restraining Order in Florida | Step-by-Step Legal Guide

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Author: Jonah A.

How to Get a Restraining Order in Florida

Victims of abuse, harassment, stalking, or threats in Florida have legal options to protect themselves — including filing for a restraining order (also called an “injunction for protection”). This guide will walk you through the process of how to get a restraining order in Florida, what types exist, and what to expect at every step. Our experienced team at Fighter Law is here to help you take the right legal action with confidence and care.

What Is a Restraining Order in Florida?

A restraining order (or injunction) is a court order that prohibits a person from contacting or approaching someone for their safety. It can prevent physical proximity, verbal contact, and digital communication.

Florida law recognizes several types of restraining orders, including:

Who Can File for a Restraining Order?

Anyone who is a victim of qualifying violence or has reasonable cause to believe they are in imminent danger can file. This includes:

Spouses or former spouses
Co-parents of a child
Dating partners
Victims of stalking or sexual violence

You do not need a police report or criminal charges to file for an injunction. Your sworn statement can be enough.

How to Get a Restraining Order in Florida: Step-by-Step

Visit the Clerk of Court: Go to the courthouse in your county. In Orange County, that’s the Orange County Clerk of Courts.
Complete the Petition: Fill out a sworn affidavit explaining what happened and why you fear future harm.
Judge Review: A judge will review your petition the same day and may issue a temporary injunction without a hearing.
Service of Process: Law enforcement will serve the injunction to the respondent (the person you’re filing against).
Final Hearing: A hearing is usually set within 15 days. You’ll need to present evidence and testimony.

Pro tip: Come prepared with screenshots, messages, photos, witnesses, and anything that proves the threats or violence occurred.

Why Hire a Restraining Order Attorney?

While you can file on your own, working with an experienced attorney can significantly improve your chances of success — especially if the respondent hires their own lawyer. An attorney will help:

Prepare your case and evidence
Ensure you meet the legal standard
Represent you in court
Advocate for additional protections (e.g., firearms restrictions)

What Happens After the Injunction?

If granted, a final injunction may remain in place for a set period or be permanent. It may include provisions like:

No contact or proximity
Firearm surrender
Mandatory counseling
Custody or visitation restrictions (if children are involved)

Violating an injunction is a criminal offense and can lead to arrest.

Need Help Filing a Restraining Order in Florida?

If you or someone you care about is in danger, don’t wait. The team at Fighter Law is ready to help. Our attorneys understand the system and will stand by your side every step of the way.

Schedule a free consultation with a trusted Orlando injunction attorney today.

Watch: Understanding the Florida Restraining Order Process

Frequently Asked Questions

What evidence do I need for a restraining order in Florida?

You can use text messages, emails, voicemails, photos, police reports, or witness testimony. The more credible and specific, the better.

How long does it take to get a restraining order?

Temporary orders can be granted the same day. A final hearing is typically set within two weeks.

Can the respondent fight the restraining order?

Yes. They can appear at the final hearing, present evidence, and request dismissal. This is why having legal representation is critical.

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