Question 1

What is the difference between a restraining order and an injunction in Florida?

Accepted Answer

In Florida: the terms are often used interchangeably, but technically: a restraining order (TRO) is a short-term, emergency order (may be ex parte; lasts until the injunction hearing), a temporary injunction is an intermediate order (issued after both parties are heard; lasts until trial), and a permanent injunction is a final order (issued after trial; lasts indefinitely). In the domestic violence context: all protective orders are called "injunctions" (Section 741.30: temporary injunction and permanent injunction for protection against domestic violence). There are no "restraining orders" in Florida DV law; the correct term is "injunction for protection."

Question 2

What types of injunctions are available in Florida?

Accepted Answer

Types: domestic violence (Section 741.30), repeat violence (Section 784.046), dating violence (Section 784.046), sexual violence (Section 784.046), stalking (Section 784.0485), and civil injunctions (Rule 1.610: temporary and permanent injunctions in civil cases). Each has its own: filing requirements, evidentiary standards, and duration. The petitioner files: at the clerk of court in the circuit court of the county where they reside or where the respondent resides.

Question 3

What are the consequences of violating a Florida injunction?

Accepted Answer

Violation: violating a Florida injunction is: a first-degree misdemeanor (Section 741.31: up to 1 year in jail and $1,000 fine for DV injunction violations), and may be a third-degree felony (if the respondent has two or more prior violations). Law enforcement: the respondent can be arrested without a warrant for violating an injunction. Civil contempt: the court can hold the violator in contempt (fines, imprisonment until compliance). The injunction: must be properly served on the respondent, and the respondent must have actual knowledge of the terms before they can be held in violation.

Restraining Order vs Injunction

Restraining Orders vs. Injunctions in Florida

Terminology

Injunction Types

Violation Penalties

Related Terms

Barnes Walker Litigation

Ready to Get Started?