Need protection now? Call (904) 396-5557 — Adam Sacks files restraining orders for Jacksonville families.
What Is a Restraining Order in Florida?
In Florida, what most people call a “restraining order” is legally known as an injunction for protection. It is a court order that prohibits a person from contacting, approaching, or harassing you. An injunction can also award you temporary custody of your children, exclusive use of your home, and temporary financial support — all enforced by law enforcement. [1]
Florida’s injunction system is designed for speed. When you face domestic violence, stalking, or threats, you cannot wait weeks for a court date. Under F.S. § 741.30, a judge can review your petition and issue a temporary protective order the same day you file — without the other person being present (ex parte). [1]
The temporary order remains in effect for up to 15 days while the court schedules a full hearing. At the full hearing, both parties present evidence and testimony, and the judge decides whether to issue a permanent injunction (lasting up to one year, renewable). [1]
5 Types of Injunctions for Protection in Florida
Florida law provides five distinct types of protective injunctions, each covering different relationships and situations:
1. Domestic Violence Injunction (F.S. § 741.30)
The most commonly filed type in Duval County. Available when you face violence or threat of violence from a family or household member — including a spouse, ex-spouse, co-parent, or anyone who currently or formerly lived with you as a family. [1]
A domestic violence injunction can order:
- No contact (direct or through third parties) between you and the respondent
- Removal of the respondent from your shared residence
- Temporary 100% custody of minor children
- A temporary parenting plan and time-sharing schedule
- Temporary child support and spousal support
- Surrender of firearms by the respondent
- Protection of pets and animals in the household
- Referral to a certified domestic violence center
- Mandatory counseling or intervention programs
2. Repeat Violence Injunction (F.S. § 784.046)
Available against any person — no family or household relationship required. You must show two or more incidents of violence or stalking by the same person, with at least one incident occurring within six months of filing. [4] This covers situations involving neighbors, coworkers, acquaintances, or strangers.
3. Dating Violence Injunction (F.S. § 784.046)
Covers violence by a current or former dating partner. Florida defines “dating relationship” as a continuous and significant relationship of a romantic or intimate nature — not casual acquaintances or business relationships. The relationship must have existed within the past six months. [4] Only one incident of violence is required.
4. Sexual Violence Injunction (F.S. § 784.046)
Available to victims of sexual battery, lewd or lascivious acts, or sexual exploitation — regardless of the relationship to the perpetrator. A parent or legal guardian can file on behalf of a minor child. The incident must have been reported to law enforcement. [4]
5. Stalking Injunction (F.S. § 784.0485)
Covers willful, malicious, and repeated following, harassing, or cyberstalking. Florida’s stalking statute includes electronic harassment — threatening emails, texts, social media messages, and GPS tracking. [5] Aggravated stalking (making a credible threat) is a third-degree felony punishable by up to 5 years in prison.
How to Get a Restraining Order in Jacksonville
Filing for an injunction in Duval County is free and follows a structured process through the Fourth Judicial Circuit:
Step 1: File the Petition
Go to the Duval County Clerk of Courts, Domestic Violence Department, located at 501 West Adams Street, Room 2409, Jacksonville, FL 32202. The office is open 8 AM to 4 PM, Monday through Friday. Phone: (904) 255-2210. [6] There is no filing fee for any type of injunction for protection.
You’ll need the respondent’s full name and an address where they can be served. A clerk’s office staff member can help you complete the required forms.
Step 2: Judge Reviews Your Petition (24–48 Hours)
After you file, a judge reviews your petition ex parte (without the respondent present). The judge decides whether to grant a temporary injunction based on the facts in your sworn petition. In urgent cases, review can happen the same day. [1]
Step 3: Temporary Injunction Issued
If the judge finds sufficient grounds, a temporary injunction is issued immediately. This order is enforceable by law enforcement from the moment it’s signed. The respondent does not need to be served for the order to take effect — but they must be served before the full hearing.
Step 4: Service on the Respondent
Within 24 hours of issuing the injunction, the clerk forwards a copy to the Duval County Sheriff’s Office for service on the respondent. [1] Once served, the respondent is legally bound by all terms of the order.
Step 5: Full Evidentiary Hearing (Within 15 Days)
A full hearing is scheduled within 15 days. Both parties appear before the judge. You can present witnesses, documents, photos, text messages, police reports, and other evidence. The respondent can also present their case. The judge then decides whether to issue a permanent (final) injunction. [1]
What a Restraining Order Can Do For You
A Florida injunction for protection is one of the most powerful legal tools available to protect yourself and your children. The court can order:
- No-contact order: The respondent cannot contact you by any means — in person, by phone, text, email, social media, or through third parties
- Stay-away order: The respondent must stay a specified distance from your home, workplace, school, and other locations you frequent
- Removal from residence: The respondent is ordered to leave your shared home, even if their name is on the lease or deed
- Temporary custody: The court can award you up to 100% of time-sharing with minor children
- Temporary support: The court can order temporary child support and spousal support
- Firearms surrender: The respondent must surrender all firearms to law enforcement or a licensed dealer
- Pet protection: The court can award temporary care and control of household pets to the petitioner
- Treatment and counseling: The court can order the respondent to complete batterer’s intervention, substance abuse treatment, or other programs
Penalties for Violating a Restraining Order in Florida
Violating an injunction for protection is a criminal offense in Florida. The penalties escalate with each subsequent violation: [3]
First violation (F.S. § 741.31 / § 784.047):
- First-degree misdemeanor
- Up to 1 year in jail
- Up to $1,000 fine
- Immediate arrest — law enforcement can arrest on probable cause without a warrant
Two or more prior violations against the same victim:
- Third-degree felony
- Up to 5 years in prison
- Up to $5,000 fine
- Permanent felony criminal record
Aggravated stalking (F.S. § 784.048(4)):
- Third-degree felony
- Applies when a person who has an injunction against them makes a credible threat to the petitioner
- Up to 5 years in prison regardless of whether it’s a first offense
If the respondent violates your restraining order, call 911 immediately. Then contact your attorney. Document every violation with photos, screenshots, and witness statements — each documented violation strengthens your case at the full hearing and in any underlying divorce or custody proceedings.
Restraining Order vs. No-Contact Order: What’s the Difference?
People often confuse restraining orders (injunctions) with no-contact orders. They serve similar purposes but come from different sources:
- Injunction for protection (restraining order): A civil court order that YOU file. Provides comprehensive relief including custody, support, firearms surrender, and residence exclusion. Violation is a separate criminal charge.
- No-contact order: Issued by a criminal court judge as a condition of bond or probation after an arrest. The defendant cannot contact the victim. This is part of the criminal case — not something you file for.
- Can you have both? Yes. If the respondent is arrested for domestic battery, the criminal court may issue a no-contact order, and you can simultaneously have a civil injunction for protection. Both are enforceable.
Restraining Orders in Duval County: The Numbers
Duval County is one of Florida’s top 10 counties for domestic violence filings. In 2023, 6,546 injunctions for violence were filed in Duval County — approximately 18 per day. [2]
Statewide, domestic violence causes approximately 200 deaths per year in Florida, accounting for roughly 20% of all homicides. While overall crime in Florida decreased 14.1% in 2023, domestic violence increased by 1.16%. [7]
These statistics underscore why early legal intervention matters. A restraining order doesn’t just protect you today — it creates a legal record that strengthens your position in custody, divorce, and future proceedings.
What If a Restraining Order Is Filed Against You?
If someone files an injunction for protection against you, take it seriously. A permanent injunction will appear on background checks and can affect your custody rights, firearm ownership, and employment. You have the right to:
- Attend the full hearing and present your side of the case
- Hire an attorney to represent you and cross-examine the petitioner’s witnesses
- Present evidence including witnesses, documents, and testimony that contradicts the allegations
- Request modifications to overly broad provisions that affect your parental rights or access to your home
Whether you’re seeking protection or defending against an injunction, having an experienced attorney matters. The full hearing is your one opportunity to present your case — there’s no redo.
Common Mistakes in Restraining Order Cases
- Not filing because you think it’s too minor: If you feel unsafe, file. Judges understand that not every situation involves physical violence — threats, harassment, and stalking are all grounds for an injunction.
- Waiting too long: File as close to the triggering event as possible. Delays make the court question urgency.
- Vague allegations: Your petition must include specific facts — dates, times, locations, exact statements made, and descriptions of behavior. “He scares me” is insufficient. “On January 15, he texted ‘I know where you work’ after I told him not to contact me” is specific.
- Contacting the respondent after getting an injunction: If you initiate contact with someone you have an injunction against, the court may dissolve the order. Do not respond to attempts at contact — document and report them.
- Missing the full hearing: If you don’t show up, the temporary injunction is dissolved. Period. Make sure you attend, prepared with evidence and, ideally, an attorney.
- Not bringing evidence to the hearing: The judge decides based on the evidence presented. Bring photos, screenshots of texts and social media, police reports, medical records, and witnesses. The more documentation, the stronger your case.
Why Choose Adam Sacks for Your Restraining Order
I started my career as a prosecutor for the State of Florida. I prosecuted criminal cases involving domestic violence, assault, battery, and violations of protective orders. I know exactly what judges look for in injunction petitions because I’ve been on both sides of the courtroom — presenting evidence to get orders issued and prosecuting people who violated them.
That prosecutor experience is directly relevant to restraining order cases. When I draft your petition, I include the specific factual details and legal language that Fourth Judicial Circuit judges need to see before granting emergency relief. When we prepare for the full hearing, I know how to present evidence effectively and how to cross-examine the respondent if they contest the injunction.
If a restraining order has been filed against you, my courtroom experience is equally valuable. I know how to challenge vague or exaggerated allegations and protect your parental rights and reputation at the full hearing.
Adam Sacks earned his J.D. from Western Michigan University Cooley Law School, where he received a Book Award for the highest grade in his class. He served as an Assistant State Attorney in Seminole County before transitioning to private practice. He holds a bachelor’s degree in Psychology from the University of Massachusetts — directly relevant to the high-conflict dynamics in restraining order cases. He is a Florida Supreme Court Certified Family Mediator and a member of the Florida Bar (Bar #248370) since 2000.
What Happens When You Call Our Office
When you call (904) 396-5557:
- You speak with me directly. I handle injunction consultations personally — these cases move too fast to delegate.
- Immediate safety assessment. I’ll determine what type of injunction you need and whether same-day filing is appropriate.
- Same-day filing when safety is at risk. If you or your children are in immediate danger, we can prepare and file your petition the same day.
- Evidence strategy. I’ll tell you exactly what documentation to preserve, what to bring to the hearing, and how to strengthen your case.
- Full hearing preparation. I’ll represent you at the full hearing — presenting evidence, examining witnesses, and making legal arguments to the judge.
Need a restraining order? Call Adam Sacks now at (904) 396-5557. Free consultation. Same-day filing available. No filing fee for injunctions in Florida.
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Frequently Asked Questions About Restraining Orders in Jacksonville
How much does it cost to get a restraining order in Florida?
There is no filing fee for any type of injunction for protection in Florida — domestic violence, repeat violence, dating violence, sexual violence, and stalking injunctions are all free to file. [1] If you hire an attorney, legal fees vary based on the complexity of the case, but many attorneys offer free initial consultations. The court can also order the respondent to pay your attorney fees.
How fast can I get a restraining order in Jacksonville?
A temporary injunction can be issued the same day you file, or within 24–48 hours. [6] The judge reviews your petition ex parte — meaning without the other party present. In urgent domestic violence situations, same-day relief is common. The full hearing where both sides present evidence is scheduled within 15 days. [1]
Can I get a restraining order without a lawyer?
Yes — you can file for an injunction without an attorney. The Duval County Clerk’s DV Department at 501 W Adams St, Room 2409 has staff who can help you complete the forms. [6] However, having an attorney significantly strengthens your case, especially at the full hearing where the respondent may have their own lawyer. An improperly prepared case can result in the injunction being denied.
What happens if someone violates my restraining order?
Call 911 immediately. Violating an injunction is a first-degree misdemeanor punishable by up to 1 year in jail and a $1,000 fine. [3] A person with two or more prior violations against the same victim commits a third-degree felony — up to 5 years in prison. Law enforcement can arrest the violator on probable cause without a warrant.
How long does a restraining order last in Florida?
A temporary injunction lasts up to 15 days. After the full hearing, a permanent (final) injunction can last for a specific period set by the judge — commonly up to one year. [1] You can petition to extend the injunction before it expires. There is no limit on how many times an injunction can be renewed if the threat continues.
What is the difference between a restraining order and an injunction in Florida?
They are the same thing. “Restraining order” is the common term, while “injunction for protection” is the legal term used in Florida statutes. When you file for a “restraining order” in Florida, you are technically filing a petition for an injunction for protection under F.S. § 741.30 (domestic violence) or F.S. § 784.046 (repeat, dating, or sexual violence). [1]
Can a restraining order affect child custody in Florida?
Yes — significantly. A domestic violence injunction can include temporary custody provisions awarding the petitioner up to 100% of time-sharing. [1] If a subsequent custody case or divorce is filed, the injunction is part of the court record and weighs heavily in the judge’s best-interest analysis under F.S. § 61.13. Domestic violence is one of the 20 statutory factors courts consider when determining custody.
Sources:
[1] Florida Statutes, F.S. § 741.30 — Domestic Violence; Injunction; Powers and Duties of Court. flsenate.gov
[2] Jacksonville Today, Duval’s Domestic Violence Homicides Hit 8-Year Low (Oct. 1, 2024). 6,546 injunctions filed in 2023. jaxtoday.org
[3] Florida Statutes, F.S. § 741.31 — Violation of Injunction for Protection Against Domestic Violence; F.S. § 784.047 — Penalties for Violating Protective Injunction. flsenate.gov
[4] Florida Statutes, F.S. § 784.046 — Action by Victim of Repeat Violence, Sexual Violence, or Dating Violence for Protective Injunction. flsenate.gov
[5] Florida Statutes, F.S. § 784.0485 — Stalking; Injunction; Powers and Duties of Court. florida.public.law
[6] Duval County Clerk of Courts, Domestic Violence Department. 501 W Adams St, Rm 2409. (904) 255-2210. duvalclerk.com
[7] Florida Dept. of Children & Families, Domestic Violence Annual Report (Jan. 2024); FL Courts DV Benchbook (May 2024). flcourts.gov
