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Legal Information: Florida

Restraining Orders

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Updated: 
December 21, 2018

How will a judge make a decision about whether or not to grant the order?

The judge will consider several factors when deciding whether there is a legal reason to grant a risk protection order. The judge will consider any related evidence and whether the respondent:

  • has committed any recent act or threat of violence against himself/herself or others (the violence does not have to involve a firearm);
  • has committed any act or threat of violence in the last 12 months, including violence against himself/herself or others;
  • is seriously mentally ill or has repeated mental health issues;
  • has violated a risk protection order, an injunction for protection against domestic violence, an injunction against repeat, dating, and sexual violence, or an injunction for protection against stalking/cyberstalking;
  • has or previously had a risk protection order, an injunction for protection against domestic violence, an injunction against repeat, dating, and sexual violence, or an injunction for protection against stalking/cyberstalking issued against him/her;1
  • in Florida or any other state, has been convicted of, had “adjudication withheld,” or pleaded no contest to:
    • the crime of domestic violence; or
    • a crime involving violence or a threat of violence. Note: If a respondent has had “adjudication withheld,” this means that the judge has decided it is unjust to require the respondent to serve the penalty allowed by the law and instead can place the respondent on probation.;2
  • has used or threatened to use any weapon on himself/herself or others;
  • illegally or recklessly displayed or waved any firearms;
  • has used or threatened to use physical force against another person; or
  • has stalked another person.

The judge will also consider evidence:

  • of the respondent’s abuse of controlled substances (drugs) or alcohol;
  • of the respondent recently getting firearms or ammunition;
  • that includes relevant information from family and household members about the respondent; and
  • from witnesses, testifying under oath, about information related to the case.1

1 Fla Stat. § 790.401(c)
2 Fla Stat. §§ 790.401(c); 948.01