Satellite Beach & Orlando, FL Available 24/7
★★★★★ 5 Star Google Reviews · Founded by a Former Prosecutor
Home›Practice Areas›Domestic Violence›Restraining Order Defense

Restraining Order defense in Florida.

In Florida, what most people call a restraining order is formally an injunction for protection. If you have been served with one, this page explains what the order means right now, how the hearing works, and what is at stake. Available 24 hours a day.

What does being served with a restraining order mean in Florida?

It means a judge has reviewed a petition and issued a temporary injunction, usually before hearing from the person named in it. Florida law allows a temporary injunction without notice, and a hearing is then set, generally within 15 days. Until that hearing, the temporary order is in effect and its terms apply as written.

The papers usually include the petition, the temporary order and a notice of the hearing date. Each one matters: the petition describes the allegations, the order sets out what is prohibited, and the notice sets the deadline for preparing.

What a temporary order can require

Temporary injunctions commonly restrict contact with the person who filed, and they can affect where the respondent may stay, contact with children and possession of firearms. These terms are court orders. Violating an injunction is a crime, and the terms apply as written until a judge changes them.

Practical questions come up quickly, such as how belongings are retrieved from a shared home or how parenting time works in the meantime. Those questions are answered by the order itself and, where needed, by a request to the court, not by informal arrangements between the people involved.

Preparing for the injunction hearing

The hearing is where the judge decides whether to enter a final injunction. Both sides can present testimony, documents and witnesses. Text messages, call logs, photographs and people who saw relevant events can all be part of the evidence.

Testimony at the hearing is given under oath and becomes part of the court record. When a related criminal case is open or possible, what is said at the hearing can matter there too, which is one reason legal representation at this stage is important.

What a final injunction can affect

A final injunction can affect where a person lives, contact with children, and the right to possess firearms. It may also surface in background checks and in family court matters. Because these effects can last, the hearing deserves the same preparation as any other contested court date.

DUI Lawyers Shield Firm represents respondents at injunction hearings and offers a free case review before the hearing date.

Other domestic violence defense pages

General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.

Questions about restraining order defense
In everyday terms, yes. People often say restraining order, but Florida courts issue injunctions for protection, including domestic violence injunctions under F.S. 741.30 and dating, repeat and sexual violence injunctions under F.S. 784.046. The process and the possible consequences are similar across these types.
An injunction for protection comes from a civil proceeding, so it is not itself a criminal conviction. It can still appear in court records and carry serious consequences for housing, children and firearms. Violating it is a crime, which can lead to a separate criminal case.
If the respondent does not appear, the judge can go forward with the hearing and may enter a final injunction based on the petitioner's evidence. Because a final injunction can affect housing, children and firearms, the hearing date is one of the most important deadlines in the process.
Free Case Review

Talk to a former prosecutor now.

Confidential case review, available 24 hours a day.

Call Free Review