Legal Information: Florida

Restraining Orders

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March 3, 2022

How will the judge decide if I am “in immediate danger of becoming a victim of domestic violence?”

Even if you have not been physically battered, you can still qualify for an injunction if the judge believes you are in immediate danger of becoming a victim of domestic violence. When deciding this, the judge will look at the following factors:

  1. The history between you and the respondent, including threats, harassment, stalking, and physical abuse;
  2. If the respondent has attempted to harm you or family members or individuals closely associated with you;
  3. If the respondent has threatened to conceal, kidnap, or harm your child;
  4. If the respondent has intentionally injured or killed a family pet;
  5. If the respondent has used, or has threatened to use, any weapons such as guns or knives against you;
  6. If the respondent has physically restrained you from leaving the home or calling law enforcement;
  7. If the respondent has a criminal history involving violence or the threat of violence;
  8. If there was a prior order of protection issued against the respondent;
  9. If the respondent has destroyed personal property of yours (e.g., telephone, clothing, or other items belonging to you);
  10. Whether the respondent has behaved in any other way that leads you to reasonably believe that you are in immediate danger of becoming a victim of domestic violence.1

1 Fla. Stat. § 741.30(6)(b)

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