Domestic Violence & Injunctions

What is an injunction for protection and how do I fight it?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
A civil court order restricting contact and conduct. It's separate from any criminal case, and the hearing is your one real opportunity.

An injunction — commonly called a restraining order — is a civil proceeding. Someone petitions the court alleging they're a victim of, or in reasonable fear of, violence. Florida has several types, including domestic violence, repeat violence, dating violence, sexual violence, and stalking.

It runs entirely separately from any criminal case. You can be acquitted criminally and still have an injunction entered, because the standard of proof is lower.

The sequence: a petition is filed, a judge reviews it, and a temporary injunction may be entered immediately without you present. A hearing is then set, usually within about two weeks, where both sides appear.

That hearing is the whole thing. It's where evidence is presented, witnesses testify, and the judge decides whether to enter a final injunction. People routinely show up unrepresented, without evidence, and treat it as a formality. It isn't.

What helps: your own texts and messages, witnesses, photographs, and a clear account of the relevant events.

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.