Family law
Florida injunction for protection attorney
What the emergency order can do, how long it lasts, and what happens at the hearing
If you are in immediate danger, call 911. The civil process below runs alongside anything criminal rather than instead of it. Fla. Stat. § 741.30 creates a cause of action for an injunction for protection against domestic violence, and standing belongs both to someone who is a victim and to someone who has reasonable cause to believe they are in imminent danger of becoming one. Filing costs nothing: the statute prohibits the assessment of a filing fee. Where the court finds an immediate and present danger, it may grant a temporary injunction ex parte — without the other person present — which can restrain acts of violence, award temporary exclusive use of the shared home, and set a temporary parenting plan on the same basis as § 61.13. That ex parte order lasts no more than 15 days, and the full hearing is set before it expires.
01 Quick answers
- Who can petition?
- A victim of domestic violence, or someone with reasonable cause to believe they are in imminent danger of becoming one. The statute covers both.
- Does it cost anything to file?
- No. Section 741.30(2)(a) prohibits the assessment of a filing fee for a petition for protection against domestic violence.
- Where do I file?
- In the circuit where you currently or temporarily reside, where the respondent resides, or where the domestic violence occurred. There is no minimum residency requirement.
- How fast can an order issue?
- Where the court finds an immediate and present danger, it may grant a temporary injunction ex parte, pending a full hearing — without the other person being there.
- How long does the temporary order last?
- A fixed period not to exceed 15 days, and the full hearing is set no later than the date it ceases to be effective.
- Can it decide where my children are?
- The temporary injunction may provide a temporary parenting plan including a time-sharing schedule, on the same basis as § 61.13.
02 Who can ask
Standing is broader than people assume
If you are in immediate danger, call 911. What follows is the civil process, and it runs alongside anything criminal rather than instead of it.
Section 741.30 creates a cause of action for an injunction for protection against domestic violence, and gives standing in the circuit court to a person who is either the victim of domestic violence as defined in § 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.
That second limb matters. You do not have to have been hurt already. Reasonable cause to believe you are in imminent danger is its own basis, which is the situation a great many people are actually in when they first look for help.
Filing costs nothing. The statute states that, notwithstanding any other law, the assessment of a filing fee for a petition for protection against domestic violence is prohibited.
And venue is deliberately flexible. A petition may be filed in the circuit where the petitioner currently or temporarily resides, where the respondent resides, or where the domestic violence occurred — and the statute says there is no minimum requirement of residency to petition. Someone who has just left and is staying somewhere temporarily is not locked out.
You do not have to have been hurt yet, you do not have to pay to file, and you do not have to have lived here long.
03 The emergency order
What an ex parte injunction can do, and for how long
"Ex parte" means the court can act before the other person is heard, and the statute is specific about when and what.
Where it appears to the court that an immediate and present danger of domestic violence exists, it may grant a temporary injunction ex parte, pending a full hearing, and may grant such relief as it deems proper — including restraining the respondent from committing any acts of domestic violence; awarding the petitioner temporary exclusive use and possession of the dwelling the parties share, or excluding the respondent from the petitioner’s residence; and, on the same basis as provided in § 61.13, providing a temporary parenting plan including a time-sharing schedule.
Then the limit. Any such ex parte temporary injunction is effective for a fixed period not to exceed 15 days, and a full hearing must be set for a date no later than the date the temporary injunction ceases to be effective.
A continuance may be granted for good cause, including to obtain service of process — and where that happens, the injunction is extended if necessary to remain in full force and effect during the continuance. So a delay in serving the other person does not leave a gap in protection.
Which means the fifteen days are not the end of anything. They are the period in which the hearing is prepared for, and the hearing is where a longer-term order is decided.
Fifteen days, and the hearing is set before they run out.
04 The other side
Being served with one, and why it is not something to handle alone
These pages usually address only the petitioner. Both sides of this end up in a courtroom, and the stakes on the receiving end are easy to underestimate.
A temporary injunction can remove you from your home and change where your children are, on an ex parte basis, before you have said anything.
The full hearing is the opportunity to be heard, and it comes quickly — no later than the date the temporary order expires. That is a short window to gather anything that matters.
The consequences reach past the family case. An injunction can affect firearm possession, employment in some fields, and immigration matters, and a violation is a criminal matter rather than a family one.
The firm handles these from either side, and the first conversation is about what actually happened and what the hearing is likely to turn on — not about which side is more sympathetic.
05 The statutes
- Fla. Stat. § 741.30 Injunction for protection against domestic violence Standing, the prohibition on filing fees, venue, the ex parte order and its 15-day limit.
- Fla. Stat. § 741.28 Domestic violence defined The definition standing under § 741.30 is measured against.
- Fla. Stat. § 61.13 Time-sharing The basis on which a temporary parenting plan may be set within the injunction.
Injunctions for protection questions, answered
Do I have to have been hurt to get an injunction?
No. Section 741.30 gives standing to a person who is either the victim of domestic violence as defined in § 741.28, or who has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.
That second basis stands on its own, and it describes the situation many people are in when they first seek help.
If you are in immediate danger, call 911 first. The civil injunction runs alongside anything criminal rather than in place of it.
What does it cost to file?
Nothing. Section 741.30(2)(a) provides that, notwithstanding any other law, the assessment of a filing fee for a petition for protection against domestic violence is prohibited.
The statute separately allows the clerk to seek reimbursement from the Justice Administrative Commission at a set rate per petition, which is an arrangement between the clerk and the state rather than a cost to you.
Where do I file if I have just left home?
In the circuit where you currently OR temporarily reside, where the respondent resides, or where the domestic violence occurred.
The statute says expressly that there is no minimum requirement of residency to petition for an injunction for protection.
Someone staying temporarily with family or in a shelter in a different county is not shut out by venue rules.
How quickly can an order be entered?
Where it appears to the court that an immediate and present danger of domestic violence exists, it may grant a temporary injunction ex parte — that is, before the other person is heard.
That order can restrain acts of domestic violence, award temporary exclusive use and possession of a shared dwelling or exclude the respondent from your residence, and set a temporary parenting plan including a time-sharing schedule on the same basis as § 61.13.
How long does the temporary injunction last?
A fixed period not to exceed 15 days. A full hearing must be set for a date no later than the day it ceases to be effective.
A continuance may be granted for good cause, including to obtain service of process — and the injunction is extended if necessary to remain in full force during that continuance.
So a delay in serving the other person does not create a gap in protection.
I have been served with one. What now?
Take it seriously and do not wait for the hearing to start preparing, because it comes quickly — no later than the date the temporary order expires.
A temporary injunction can already have removed you from your home and changed where your children are, entered before you said anything. The full hearing is your opportunity to be heard.
The consequences reach beyond the family case: an injunction can affect firearm possession, employment in some fields, and immigration matters, and violating one is a criminal matter.
The firm handles these from either side.
How are fees handled?
Consultations and attorney’s fees are billed hourly. Court costs and case expenses are billed separately, and payment plans are available.
There is no contingency fee in family work and no free consultation — those are injury terms and they do not apply here.
Filing the petition itself costs nothing: § 741.30(2)(a) prohibits the assessment of a filing fee for a petition for protection against domestic violence.
Consultations and attorney’s fees are billed hourly. Court costs and case expenses are billed separately. Payment plans are available.
Talk to Jose A. Dapena about your injunctions for protection matter
You speak with the attorney who would handle the case, not an intake department. Practicing in Florida since 1998, Florida Bar number 152358.
Consultations and attorney’s fees are billed hourly. Court costs and case expenses are billed separately. Payment plans are available.