Domestic Violence Injunctions in Florida: How to Get One, and What It Means for Your Divorce

When someone in your home poses a physical threat to you or your children, your safety comes first — before the divorce, before the parenting plan, before everything else. Florida provides a legal tool specifically for this situation: the injunction for protection against domestic violence, commonly called a restraining order.

Understanding how this process works — and how it intersects with your divorce and custody case — is essential for anyone navigating both at once.

1. What Is a Domestic Violence Injunction in Florida?

Under Florida Statute §741.30, any person who is the victim of domestic violence, or who has reasonable cause to believe they are in imminent danger of becoming a victim, can petition the circuit court for an injunction for protection. "Domestic violence" includes assault, battery, sexual assault, stalking, kidnapping, or any criminal offense resulting in physical injury or death — committed by one family or household member against another.

2. The Two-Stage Process

Stage 1: Temporary Injunction (Ex Parte). You file a sworn petition. A judge reviews it — often the same day — without the other party present. If the judge finds sufficient cause, they issue a temporary injunction that takes effect immediately and typically remains in place for up to 15 days.

Stage 2: Final Hearing. Within approximately 15 days, the court holds a full hearing where both parties can appear, present evidence, and testify. The judge then decides whether to issue a final injunction, which can remain in effect for a set period or permanently.

3. What a Florida Domestic Violence Injunction Can Do

A final injunction can:

• Prohibit the respondent from any contact with you — in person, by phone, text, email, or through third parties
• Require the respondent to vacate a shared home — even if they own it or are on the lease
• Award temporary custody of minor children
• Temporarily prohibit the respondent from seeing the children or require supervised visitation
• Require the respondent to surrender firearms
• Order attendance at a certified batterers' intervention program
• Award temporary support

4. What Evidence Do You Need?

For the temporary injunction, your sworn petition can be sufficient — the judge must find reasonable cause to believe you are in imminent danger. For the final hearing, strong evidence includes photographs of injuries, medical records, police reports, threatening text messages or emails, witness testimony, and a detailed journal of incidents with dates.

5. How a Domestic Violence Injunction Affects Your Divorce

Custody. A court that issues an injunction restricting contact between the respondent and the children has effectively made an early custody determination that can strongly influence the final parenting plan.

The marital home. If the injunction removes your spouse from the home, it can affect how the court approaches division of the marital residence.

The judge's impression. A final injunction finding that domestic violence occurred becomes part of the record the family court judge considers when making decisions about parenting, asset division, and overall fitness.

Coordination of counsel. If you have both an injunction case and a divorce pending, it is critical that your family law attorney is coordinating strategy across both proceedings.

6. If You Are the Respondent

Being served with a domestic violence injunction is serious — even if the allegations are false or exaggerated. A temporary injunction can remove you from your home, separate you from your children, require you to surrender firearms, and appear on background checks. You have the right to present evidence at the final hearing and should have legal representation before that hearing.

7. How Yaffa Family Law Group Can Help

Whether you need to pursue an injunction for your protection, understand how an existing injunction affects your divorce, or need representation at a final hearing — Doreen Yaffa and the Yaffa Family Law Group team have extensive experience navigating the intersection of domestic violence law and family court in Palm Beach and Broward counties. As a Board Certified family law specialist, Doreen understands that safety and legal strategy are intertwined. Contact us today for a confidential consultation.