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Legal Information: Florida

Restraining Orders

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December 21, 2018

What protections can I get in an injunction for protection against domestic violence?

An injunction for protection against domestic violence can:

  • order the abuser to stay away from your home, your work, etc.;1
  • order the abuser to not contact you, directly or through a third party;1
  • order the abuser to stop abusing you;
  • tell the abuser to leave you alone;
  • order the abuser to leave the home you share with him/her;
  • give you temporary custody (known as 100% of the time-sharing in a temporary parenting plan) and limit or prohibit the abuser from time-sharing (visitation) of your children or have those visits supervised by a third party;2
  • give you temporary child support or spousal support;2
  • 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. Note: The judge cannot award attorney’s fees.3

A judge will decide which of the above will be included in the order.

Note: All final injunctions (not temporary ex parte injunctions) will state that it is illegal for the respondent (abuser) to have a gun or ammunition in his/her possession.4

1 Fla.Stat. § 741.31(4)(a)(2),(5)
2 Fla. Stat. § 741.30(3)(k), (5)(a)(3), (6)(a)(3)
3 Fla .Stat. § 741.30(6)(a),(1)(g)
4 Fla. Stat. § 741.30(6)(g)