Restraining Orders

In a temporary, ex parte injunction for protection against domestic violence, the judge can:

1. order the abuser to stop abusing you;
2. exclude the abuser from your home or give you temporary, exclusive use of the home that you share together;
3. give you a temporary parenting plan, including a time-sharing schedule, which can give you up to 100 percent of the time-sharing;
4. give you temporary, exclusive possession, or control of an animal that belongs to you, the abuser, or a child living with either of you. In addition, the judge can order that the abuser temporarily cannot have any contact with the animal nor take, give away, hide, or harm the animal.¹

A final injunction for protection against domestic violence can:

• give you all of the protections listed in numbers 1 - 4 above;² and
• order the following additional things:
  • order the abuser to stay away from your home, your work, etc.;
  • order the abuser to not contact you, directly or through a third party;³
• give you temporary child support or spousal support;⁴
• order the abuser to go to treatment, counseling, or a batterers’ intervention program, which the abuser has to pay for;
• refer you to a certified domestic violence center, which you can contact if you choose; and
• order anything else that the judge believes is necessary for your protection or the protection of your children.⁵

A judge will decide which of the above will be included in the order. It’s possible to get attorney’s fees awarded against either party if the judge believes that there is “clear and convincing evidence” that s/he knowingly made a false statement or allegation with regard to an important (“material”) matter that could affect the course or outcome of the proceeding.⁶

Note: All final injunctions will state that it is illegal for the respondent to have a gun or ammunition in his/her possession.⁷

¹ Fla .Stat. § 741.30(5)(a)
² Fla .Stat. § 741.30(6)(a)(1)-(3), (6)(a)(7)
³ Fla. Stat. § 741.31(4)(a)(2), (4)(a)(5)
⁴ Fla .Stat. § 741.30(6)(a)(4)
⁵ Fla .Stat. § 741.30(6)(a)(5),(6)(a)(6), (6)(a)(8),
⁶ Fla .Stat. §§ 57.105(7); 837.011(3)​
⁷ Fla. Stat. § 741.30(6)(g)