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Legal Information: Florida

Restraining Orders

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Laws current as of October 6, 2023

What types of orders are there? How long do they last?

There are two types of orders, a temporary ex parte injunction that is issued without the abuser being notified beforehand or present in court, and a final injunction that is issued after a hearing where both parties are notified and can appear in court.

When you file your petition, you can get a temporary ex parte injunction if the judge believes that an immediate and present danger of violence exists. The temporary ex parte injunction generally lasts for up to 15 days, until the court holds a hearing to decide whether or not to issue a final injunction. If the respondent is in prison when the order is issued, it will last for 15 days after s/he is released.1 At the hearing for the final injunction, both sides have the opportunity to come to court and present evidence to the judge. If the judge grants a final injunction, it will last for a specific period of time that will be determined by the judge.2 You can also apply to extend the final injunction but the motion must be filed before the injunction expires.

1 Fla. Stat. § 784.046(6)(a), (6)(c)
2 See, for example, Petition for injunction for protection against repeat violence - Instructions