Domestic Violence Injunctions

To file a petition for an injunction for protection against domestic violence in Florida, the petitioner must demonstrate a reasonable and imminent fear of harm. The petition must set forth specific facts and circumstances supporting the request for protection, and it may also include protection for minor children if they are at risk.

After the petition is filed, the court may issue a temporary injunction without prior notice to the respondent if the allegations establish an immediate danger of domestic violence. This is known as an ex parte (one sided) injunction and is typically effective for up to 15 days. During that time, the court will schedule a final hearing.

At the final hearing, both the petitioner and the respondent have the opportunity to present evidence and testimony. After considering the case, the court may either issue a final (permanent) injunction or dissolve the temporary injunction. A final injunction may remain in effect for a set period of time, until further order of the Court, (permanently) or until it is modified by the court. 

Melissa Waldinger is experienced in helping clients through this process and can help you navigate through these difficult waters.