How to Fight a Restraining Order in Florida

If you’re trying to fight a restraining order in Florida, act quickly. Temporary injunctions can take effect immediately, and the final hearing may decide contact restrictions, housing issues, firearms surrender, and parenting consequences. This page explains what “respondent” means, what to do after service, and how an attorney can help you prepare for court.

Want quick answers? Jump to FAQs about timelines, proof, costs, and what happens at the final hearing.

How to fight a restraining order in Florida starts with understanding the paperwork and the deadlines. If you’ve been served with an injunction, Florida courts call you the respondent. It can feel overwhelming, but with the right lawyer and the right plan, you can beat the injunction. We fight to protect your rights and to ensure the evidence the judge sees is not just what the other person says. You have a voice, too.

Florida uses the term injunctions for protection, but most people know them as “restraining orders.” They are the same thing. Florida Law just uses the word injunctions for some reason.

If you’re deciding where to start, our main overview is here: Restraining Orders & Injunctions.

Need help right now? If you’ve been served with a temporary injunction, we can help you prepare your defense and organize your evidence.

Here is a blog on How to Prepare for Your Injunction Hearing – but feel free to call us FOR FREE with any questions or concerns you may have.

What happens when you’re served with a restraining order in Florida

In Florida, a “restraining order” is usually an injunction for protection. An injunction can restrict where you can go, who you can contact, and whether you can possess firearms. Even though the case is civil, violating an injunction can trigger criminal charges.

What is a temporary restraining order (temporary injunction)

A temporary injunction is often entered ex parte, meaning the judge may issue it based only on the petitioner’s sworn statement—without hearing from you first. It can take effect immediately and may require you to stay away from the petitioner, leave a shared residence, or follow strict no-contact rules.

You must follow every term until the final hearing. To learn more, see: What is a temporary injunction?

Types of restraining orders you can fight in Florida

Florida has different injunction categories depending on the facts and the relationship. You may be facing one of these:

What to do immediately after you’re served

Read the paperwork carefully and follow every restriction (no contact means no contact).
Calendar the final hearing date and plan to arrive early.
Preserve evidence (texts, call logs, screenshots, emails, photos, videos, and witness names).
Do not “explain your side” by texting—those messages often become exhibits.
Talk to a lawyer early so you have time to prepare your defense.

Important: If there is an ongoing or potential criminal investigation, what you say at a final injunction hearing may be recorded and could be used later. Get advice before testifying so you don’t accidentally create new problems while trying to solve this one.

How to fight a restraining order in Florida

Every case is different, but common defense approaches include:

False or exaggerated allegations — pointing out inconsistencies, omissions, or motive.
Lack of evidence — challenging vague, unsupported, or hearsay-heavy claims.
No qualifying legal basis — showing the petitioner did not meet the statutory elements for that injunction type.
Context and credibility — presenting texts, photos, witnesses, and timelines that change the story.
Procedural issues — confirming proper service, jurisdiction, and notice requirements.

Preparation steps that often matter at the final hearing

Organize your evidence into a clean timeline (printouts + screenshots + labeled exhibits).
Identify witnesses who can testify to specific facts (not just opinions).
Consider whether you need more time to prepare and whether a continuance is appropriate in your case.
Understand that cross-examination and presentation style can affect credibility.

If you want a deeper breakdown of long-term impact, see: Consequences of having an injunction on your record.

Serving Orange County? If your case is filed in Orange County (Ninth Judicial Circuit), you may also want to review: Orlando injunction lawyer and Orange County injunction lawyer.

Consequences of a temporary or final injunction

We actually have dedicated to explaining consequences of getting an injunction. But here are some of them:

Arrest risk — even “accidental” contact can become a violation allegation.
Firearm restrictions — surrender requirements may apply.
Employment and licensing problems — background checks, security clearances, and professional boards may be affected.
Parenting consequences — timesharing and exchanges can be impacted.

For additional general information, you can review the Florida Courts website and the applicable Florida statutes. See: Florida Courts and Florida’s injunction statutes (including § 784.046 and § 741.30).

Get help fighting a restraining order in Florida

If you’ve been served with a temporary or permanent injunction, don’t wait. The court schedule can move quickly, and being prepared for the final hearing matters.

Schedule a consultation with Fighter Law to discuss next steps.

FAQs about fighting a restraining order in Florida

Lawyer-focused FAQs

Can a temporary restraining order be lifted before the final hearing?

Sometimes, but it depends on the facts, the injunction type, and the court’s procedures. In many cases, the practical focus is preparing for the final hearing and presenting evidence clearly.

What happens at the final injunction hearing?

Both sides can present testimony and evidence. The judge decides whether to dismiss the case, modify the restrictions, or enter a final injunction.

What if I accidentally violate a temporary injunction?

Take it seriously. Even indirect contact or proximity issues can trigger a violation allegation. Speak with counsel quickly and do not try to “fix it” by contacting the petitioner.

Can an injunction affect child custody or timesharing?

It can. Injunction orders sometimes include temporary parenting-related restrictions, and the allegations may also affect related family law proceedings.

Practical FAQs

Do I have to go to the hearing?

YES! You better! Otherwise the court can just enter it against you! If you want the court to hear your side, you must attend. If you do not appear, the court may proceed without you and could enter a final injunction based on the petitioner’s evidence.

Should I bring screenshots and texts to court?

Yes—organized evidence often matters. Preserve originals, keep backups, and bring printed copies and a clear timeline so the judge can follow the story.

Florida Bar notice: Prior results do not guarantee a similar outcome. This page is general information and does not create an attorney-client relationship.

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