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Need a restraining order in Jacksonville? Call (904) 396-5557 for a free consultation with a family law attorney who handles injunction cases in Duval County.
Florida processed 79,483 injunction petitions in FY 2023-24, averaging 218 filings per day statewide (FL Courts) [1]. In Florida, what most people call a “restraining order” is legally known as an injunction for protection.
An injunction is a court order that prohibits the respondent (the person you need protection from) from contacting you, coming near you, your home, your workplace, or your children. It carries the force of law — violating an injunction is a first-degree misdemeanor punishable by up to one year in jail under F.S. § 741.31 [2].
Key facts about Florida injunctions:
Florida law provides five distinct types of injunctions for protection, each governed by different statutes and eligibility requirements. In FY 2023-24, domestic violence injunctions accounted for 43,536 filings (54.8%), followed by stalking at 24,021 (30.2%) [1].
The most common type. Available to family or household members who are victims of domestic violence or have reasonable cause to believe they are in imminent danger. “Family or household member” includes:
Filings FY 2023-24: 43,536 statewide [1]
Available when someone willfully, maliciously, and repeatedly follows, harasses, or cyberstalks you. No prior relationship with the stalker is required. This includes online harassment, repeated unwanted contact, and surveillance.
Filings FY 2023-24: 24,021 statewide [1]
Available when someone who is not a family or household member has committed two or more acts of violence against you, with at least one incident within the past 6 months. This covers neighbors, coworkers, acquaintances, or strangers.
Filings FY 2023-24: 7,375 statewide [1]
Applies to people in a continuing and significant romantic or intimate relationship. The court considers the duration, nature, and frequency of interaction. This covers boyfriends, girlfriends, and dating partners who are not household members.
Filings FY 2023-24: 3,602 statewide [1]
Available to victims of sexual battery, lewd acts, or luring/enticing a child. No prior relationship is required. If the respondent was convicted or adjudicated delinquent, a single incident is sufficient. Without a conviction, the victim must have reported the incident to law enforcement and must be cooperating with prosecution.
Filings FY 2023-24: 949 statewide [1]
The process takes as little as one day for emergency protection. Florida courts are required to schedule the full hearing at the earliest possible time after a petition is filed (F.S. § 741.30(4)) [2].
In Duval County, go to the Duval County Courthouse, 501 W. Adams Street, Jacksonville, FL 32202. You can also file in the county where the respondent resides or where the violence occurred — there is no residency requirement (F.S. § 741.30(1)(j)).
The clerk’s office will:
You’ll fill out the appropriate Florida Supreme Court Approved Form:
The petition requires specific facts and circumstances — dates, locations, descriptions of incidents, witnesses, and why you believe you are in danger. Be as detailed as possible. The more specific your petition, the stronger your case.
Submit the completed petition to the clerk. There is no filing fee and no bond required. The clerk will assign a case number and forward your petition to a judge, typically within hours.
A judge will review your petition — usually the same day — to determine if there is “immediate and present danger.” If so, the judge issues a temporary ex parte injunction that lasts up to 15 days (F.S. § 741.30(5)(c)) [2].
“Ex parte” means the respondent does not need to be present for this initial order. The temporary injunction typically orders:
If the judge does not find immediate danger, the petition is not dismissed — instead, the court must schedule a full hearing with notice to both parties.
Within 24 hours of the court issuing the injunction, the clerk electronically transmits it to the sheriff, who serves it on the respondent at no cost, any day of the week, any time of day or night (F.S. § 741.30(8)(a)) [2].
The injunction is entered into the Domestic and Repeat Violence Injunction Statewide Verification System maintained by FDLE, making it immediately available to all law enforcement agencies statewide.
The court schedules a full hearing before the temporary injunction expires. Both parties can present evidence and testimony. Bring:
If the judge finds sufficient evidence, a final injunction for protection is issued. Unlike the temporary order, a final DV injunction has no expiration date — it remains in effect until modified or dissolved by the court (F.S. § 741.30(6)(c)) [2].
The final injunction can include all temporary provisions plus:
Florida reported 103,915 domestic violence incidents in FY 2024-25, resulting in 220 homicides — approximately 20% of all homicides in the state (FL DCF Domestic Violence Annual Report 2025) [3].
Additional statewide data from FY 2024-25:
These numbers underscore why Florida’s injunction system exists — it provides immediate legal protection without requiring victims to wait for criminal charges or convictions.
A Florida injunction for protection is one of the most powerful civil remedies available. Under F.S. § 741.30(6), a court can order [2]:
Violating an injunction for protection is a first-degree misdemeanor under F.S. § 741.31, carrying up to 1 year in jail and a $1,000 fine [2]. Law enforcement officers can arrest the respondent without a warrant if they have probable cause to believe a violation occurred (F.S. § 901.15(6)).
After arrest, the respondent is held in custody until brought before the court. The court can enforce the injunction through:
If you believe someone has violated your injunction, call 911 immediately. Do not confront the person yourself.
In the Jacksonville area, injunctions for protection are filed in Circuit 4, which covers Duval, Nassau, and Clay counties. Circuit 4 processed 18,393 family court filings in FY 2023-24 [1].
Duval County filing locations:
Important jurisdictional rules (F.S. § 741.30(1)(j)):
A domestic violence injunction has significant implications for custody and time-sharing. Under F.S. § 741.30(5)(a)(3), the court can award the petitioner up to 100% of time-sharing in a temporary parenting plan [2].
This is particularly important in light of Florida’s 50/50 time-sharing presumption under Ch. 2023-301 [4]. The 2023 reform creates a rebuttable presumption of equal time-sharing, but domestic violence is one of the strongest factors courts use to deviate from the 50/50 default under the 20 best interest factors in F.S. § 61.13(3).
Key custody provisions in an injunction:
The duration depends on the type of injunction and whether it’s temporary or final:
Either party can move to modify or dissolve the injunction at any time (F.S. § 741.30(10)). However, the court will only dissolve an injunction if it finds the circumstances have changed sufficiently.
Yes. A judge can deny a petition for an injunction, but must provide a written order stating the legal grounds for denial (F.S. § 741.30(5)(b)) [2]. Common reasons for denial include:
If your temporary injunction is denied on the grounds of no “immediate and present danger,” the court must still schedule a full hearing — your petition is not dismissed. You can also amend and refile the petition with additional details.
There is no fee to file a petition for any type of injunction for protection in Florida (F.S. § 741.30(2)(a)). The sheriff also serves the injunction on the respondent at no charge. If you hire an attorney to assist with your petition and represent you at the hearing, attorney fees typically range from $1,500 to $5,000 depending on complexity.
A temporary ex parte injunction can be issued the same day you file if the judge finds immediate and present danger. The full hearing must be scheduled within 15 days. In Duval County, judges typically review petitions within hours of filing.
The initial temporary ex parte injunction is issued without the respondent being present or notified. However, the respondent must be served before the full hearing, and has the right to appear, present evidence, and be heard at the hearing. The respondent will know about the injunction when served by the sheriff.
A Hope Card is a wallet-sized card that confirms you have an active final injunction for protection (F.S. § 741.311). It contains the respondent’s information and the terms of the order. You can show it to law enforcement if the respondent violates the injunction, making verification faster than looking up the court order.
Yes. A domestic violence injunction is a significant factor in custody proceedings. Under F.S. § 61.13(3), domestic violence is one of 20 best interest factors courts must consider. An active or past injunction can be used to rebut the 50/50 time-sharing presumption. Filing a false petition is punishable under F.S. § 92.525 (perjury).
Sources:
[1] Florida Courts, Statistical Reference Guide FY 2023-24, Chapter 5: Circuit Family Court Statistics. flcourts.gov
[2] Florida Legislature, F.S. § 741.30 — Domestic Violence; Injunction; Powers and Duties of Court (2025). leg.state.fl.us
[3] Florida Department of Children and Families, Domestic Violence Annual Report 2025 (FY 2024-25). myflfamilies.com
[4] Florida Legislature, Ch. 2023-301 — Family Law Reform (50/50 Time-Sharing Presumption). laws.flrules.org
[5] Florida Courts, Overview for Petitioners — Domestic Violence Injunctions. flcourts.gov
✓Written by
Family Law Attorney & Partner, Sacks & Sacks
