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Legal Information: Florida

Restraining Orders

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Laws current as of
October 6, 2023

What types of injunctions for protection against stalking are there? How long do they last?

There are two types of injunctions – an ex parte temporary injunction and a final injunction issued after notice to the respondent and a hearing.

If the judge believes that you have been stalked and/or that there is an immediate and present danger of stalking, the judge may grant you an immediate ex parte order.1 In the ex parte order, the judge can include any terms in the order that the judge thinks is proper, including ordering the respondent to not commit any act of stalking against you.2 An ex parte order is good for up to 15 days until there can be a full hearing where the respondent has the opportunity to be present in court and fight against a final order being issued.3

A final injunction can last forever, or until either the petitioner or respondent comes back to court to ask that it be changed (modified) or cancelled (dissolved). Either party can file at any time to modify or dissolve the injunction.4

1 Fla. Stat. § 784.0485(5)(a), (5)(b)
2 Fla. Stat. § 784.0485(5)(a)
3 Fla. Stat. § 784.0485(5)(c)
4 Fla. Stat. § 784.0485(6)(b)