Domestic Violence & Injunctions in Florida: 2025 Legal Guide

This page explains Florida’s domestic violence and injunction laws—protecting victims through restraining orders, outlining the court process, and how Joel E. Greenberg Law helps in Plantation, Broward County, and South Florida.

Florida law defines domestic violence broadly, including any assault, battery, sexual assault, stalking, kidnapping, false imprisonment, or other criminal offense resulting in physical injury or death by a family or household member against another. Victims and potential victims—spouses, ex-partners, co-parents, relatives, people living together, or those who previously lived together—can all seek legal protection under Florida Statute §741.30 and §741.28.

What Types of Injunctions Are Available?

• Domestic Violence Injunction: For violence or credible threat from a household or family member.
• Repeat Violence Injunction: For two or more violent incidents, one within the last 6 months.
• Dating Violence Injunction: For those in a current/recent romantic or intimate relationship.
• Sexual Violence Injunction: For victims of sexual battery, lewd acts, or similar offenses.
• Stalking Injunction: For repeated following, harassment, or cyberstalking, regardless of relationship.

Plantation, Fort Lauderdale, and Broward County courts all process these petitions, using special Domestic Violence Divisions and victim support units.

How Do You File for an Injunction?

1. Fill out a Petition for Injunction at the courthouse or online. This should include dates, details, and evidence (photos, texts, witnesses).
2. File the petition in the county where you live temporarily or permanently, where the respondent lives, or where the violence occurred.
3. A judge reviews your sworn petition and can grant a Temporary Injunction (ex parte, without the respondent present) if immediate danger is shown.
4. Respondent is served and a court hearing is set—usually within 15 days.

There are no filing fees for domestic violence injunctions in Florida. Courts provide advocates to guide you through the process.

What Happens After You File?

Once the temporary injunction is granted, law enforcement serves it to the respondent. It is immediately enforceable—meaning the respondent can be arrested for violations (contact, threats) from that moment. Both parties are notified of a final hearing date. The respondent can submit a written response and attend the hearing to contest the claims.

What Happens at the Final Hearing?

Both parties present testimony, witnesses, and evidence. The judge will decide if a Permanent/Final Injunction should be issued, and for how long (from 1 year to indefinite). Respondents can be represented by counsel and cross-examine witnesses. Victims may bring a support person or advocate. The judge reviews credibility, patterns, and seriousness, and can rule right away. Orders are then entered into statewide law enforcement databases for enforcement.

What Can a Judge Order in an Injunction?

• No contact (direct or indirect) with the petitioner and family
• Exclusive use and possession of home, even if owned by the respondent
• Temporary custody/time-sharing and child support
• Exchange of children at safe or supervised locations
• Surrender of firearms/weapons
• Completion of a batterers’ intervention program
• Any other measure deemed necessary to protect safety

Modifying, Enforcing, or Ending an Injunction

Either party can file a motion to modify, dismiss, or extend the injunction. The court will hold a hearing and consider changes in circumstances, compliance, or additional incidents. Victims can also file for “contempt” (enforcement) if the respondent violates the order. Only the court (not the petitioner) can officially “lift” or end an injunction once entered.

What Are the Penalties for Violating an Injunction?

Violations are a misdemeanor in Florida, and law enforcement must make an arrest with probable cause. Penalties include jail, fines, contempt citations, forfeiture of weapons, and impact on future custody, employment, and immigration. Repeat violations or violence during a violation can result in felony charges and longer jail time. Both Broward prosecutors and local police are strict with enforcement.

How Do Injunctions Affect Custody and Support?

A judge issuing an injunction may create a temporary parenting plan—with supervised or denied contact as needed—and order temporary child support. Domestic violence findings can influence final custody cases, usually favoring the non-violent parent for decision-making and primary residence. Courts always act based on children’s best interests and safety.

Why Hire a Plantation/Broward County Domestic Violence Attorney?

Legal representation is invaluable—whether you need protection or have been served with an injunction. Joel E. Greenberg Law helps clients collect evidence, present strong petitions, defend against baseless claims, negotiate safe custody transitions, and guide families with sensitivity. We know Plantation and Broward court procedures inside and out, and are committed to safety plus practical results for all parties.

Contact Joel E. Greenberg Law for Domestic Violence Help

If you’re facing danger at home or have been served with an injunction, get confidential, prompt help from Joel E. Greenberg Law in Plantation, Broward County, or anywhere in South Florida. We protect your safety and rights—call today for a free, priority consultation.

Frequently Asked Questions

Can I file for a domestic violence injunction without a lawyer?

Yes, but working with an experienced attorney increases your protection and avoids mistakes that can risk your safety or rights.

What evidence strengthens my petition?

Photos, texts, calls, witness statements, medical records, and prior police reports are all helpful.

How long can an injunction last?

Anywhere from one year to permanent, depending on the judge and case circumstances. Renewals and extensions are common if safety is still an issue.

Can I still see my kids if there’s an injunction?

Court orders may allow supervised or structured contact—otherwise, violations of “no contact” rules are treated very seriously.

What if the protected person contacts me?

The injunction restricts contact by the respondent. Responding can be a violation—always document unwanted contact and consult your lawyer or court right away.

Can an injunction affect my employment or gun rights?

Yes, it appears on background checks and bars firearm possession or purchase while active.

How do I lift or modify an injunction?

File a motion in the issuing circuit court—only a judge can lift or modify the order.

Is there a fee to file for an injunction?

No—Florida law waives all filing fees for protection orders.

Do I have to go to court in person?

For final hearings, most courts require in-person or virtual appearance. Some counties allow remote hearings—ask your local court for details.

What if the abuser lives in another county or state?

You can file for protection in the county you currently or temporarily live, where the abuse happened, or where the respondent lives.