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Legal Information: Florida

Restraining Orders

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Updated: 
January 27, 2020

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.3

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.4

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.5

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)
4 Fla .Stat. §§ 57.105(8); 837.011(3)​
5 Fla. Stat. § 741.30(6)(g)