How to Get a Restraining Order in Florida

How to get a restraining order in Florida

Quick answer: In Florida, you can ask the court for a “restraining order” (injunction for protection) by filing a sworn petition with the Clerk of Court, getting a same-day judicial review for a temporary order, and then appearing at a final hearing—usually within about 15 days. The more specific your petition and evidence (texts, photos, witnesses), the stronger your case.

Want quick specifics? Jump to FAQs.


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.

This page explains how to file, what qualifies, what evidence matters, and what to expect at your hearing.

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

Need help right now? If you’re seeking protection, we can help you prepare a clear petition and organize your evidence.
If you need to get text messages or photos or videos, we can help.

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 is a “restraining order” in Florida?

A restraining order (injunction) is a civil court order that can limit contact, require someone to stay away from certain places, and set other safety-related terms. The details matter: the judge looks for specific facts, credible fear, and (depending on the type) proof of qualifying conduct under Florida law.

Types of injunctions (the most common categories)

  • Domestic violence
  • Dating violence
  • Repeat violence
  • Sexual violence
  • Stalking (including cyberstalking)

For Florida’s statutory framework, you can review:
Fla. Stat. § 741.30
(domestic violence injunctions) and
Fla. Stat. § 784.046
(repeat, dating, and sexual violence injunctions).

If you want focused pages for common scenarios, see:
Domestic violence injunctions and
Stalking injunctions.

Who can file for a restraining order?

Generally, a petitioner is someone who has been the victim of qualifying violence, stalking/harassment, or has reasonable cause to believe harm is imminent. Many people file without a police report or criminal case—your sworn statement and supporting details can be enough to get the court’s attention.

How to get a restraining order in Florida (step-by-step)

Step 1: Get the right petition and complete it carefully

You file with the Clerk of Court in the county where you live, where the respondent lives, or where the incident happened. In Orange County, the Clerk’s injunction resources are here:
Orange County Restraining Orders (Injunctions).

Tip: Judges tend to respond best to petitions that are specific (dates, locations, exact words, screenshots) and organized (timeline + exhibits).

Step 2: Submit for same-day judicial review

After filing, a judge reviews the petition—often the same day. If the judge believes there is immediate danger or legal grounds, the court may issue a temporary injunction (ex parte). If not, the court may deny the temporary order and still set a hearing, depending on the situation.

Step 3: Service of process

The respondent must be formally served. This is typically handled by law enforcement. Service matters because the court usually cannot enter a final order without proper notice.

Step 4: Prepare for the final hearing

Final hearings are commonly scheduled quickly (often within about 15 days of a temporary order). This is where evidence and testimony become critical.

Evidence that often helps:

  • Screenshots (texts, DMs, call logs, emails)
  • Photos/video, damaged property, injuries
  • Witnesses (or sworn statements if appropriate)
  • Prior reports, case numbers, documented incidents
  • A clean timeline: what happened, when, where, and what changed


What if you don’t want to face the respondent in court?

Many petitioners feel anxious about a hearing—especially in domestic or stalking situations. Depending on the facts and court expectations, a lawyer can often appear and advocate for you, present exhibits, and help reduce the risk of procedural mistakes. If this is a major concern, we can talk through options and what the court typically expects in your county.

Why hiring a restraining order attorney can help

Florida injunction hearings move fast. Even strong cases can be weakened by unclear petitions, missing exhibits, or avoidable hearing mistakes. An attorney can help you prepare your filing, organize evidence, and present a clear theory of the case at the hearing.

  • Stronger petition drafting (specificity + legally relevant facts)
  • Evidence organization (timeline + exhibits that are easy to follow)
  • Hearing prep (questions, objections, credibility, cross-examination)
  • Protective terms tailored to your situation (where lawful and appropriate)

After the order is entered: what happens next?

A final injunction can last for a defined period or be entered without an end date, depending on the case and the judge’s findings. Violations can lead to arrest and additional legal consequences. If you’re a respondent, it’s important to understand that even accidental or “small” contact can become a new legal problem.


Watch: Understanding the Florida restraining order process

Local note (Orange County): The Clerk has a helpful overview of where/how to file, FAQs, and what to expect:
Restraining Order FAQs (Orange County).


Frequently asked questions

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

Useful evidence often includes text messages, emails, social media messages, photos/video, call logs, witness testimony, and any documentation that shows threats, violence, stalking, or escalation. The best petitions are specific (dates, quotes, locations) and supported by organized exhibits.

How long does it take to get a restraining order?

A judge may grant a temporary order the same day you file (depending on the petition). A final hearing is often set quickly—commonly within about two weeks—though schedules vary by county and service status.

Can the respondent fight the restraining order?

Yes. The respondent can appear, present evidence, cross-examine witnesses, and request dismissal. That’s one reason preparation matters: hearings are short and decisions can turn on credibility and details.

Do I need a lawyer to file for an injunction in Florida?

A lawyer is not required to file. But legal help can be valuable—especially in higher-conflict cases, where the other side has counsel, or where the requested terms could impact children, firearms, housing, or employment.

Practical FAQs (what people ask right before filing)

Where do I file (which county)?

You can typically file in the county where you live, where the respondent lives, or where the incident occurred. If you’re in Orange County, start here:
Orange County filing information.

What should I bring to the courthouse?

Bring a photo ID, any screenshots/photos/video you want the judge to consider, a short written timeline, and any witness info. If you are seeking a temporary order, have your most urgent facts and exhibits easy to identify.

What if the judge denies the temporary order?

A denial of a temporary order does not always mean the case is “over.” Depending on the facts, the court may still set a hearing, or you may be able to correct issues in the petition. Getting advice before refiling can help avoid repeat mistakes.


Important: This page is general information, not legal advice. Every injunction case is fact-specific. If you are in immediate danger, call 911.


free case evaluation

Fill out the form below for an free evaluation of your case.


    By providing my phone number, I have opted into receiving updates, offers, and informative texts from Fighter Law. Messages will be recurring, message and data rates may apply, and message and data rates may apply and message frequencies will vary. Reply STOP at any time to unsubscribe or HELP for more information. Read our
    Privacy Policy here.


    Call Now

    ask_question

    Ask Us a Question!

    • This field is for validation purposes and should be left unchanged.