If you’re dealing with threats, abuse, or harassment at home or in a relationship, you are not alone, and you have legal options. Florida law offers strong protections to individuals who are in danger of domestic violence. Whether you’re seeking to protect yourself or your children, a court-issued protective order can help establish a safer path forward. At Staples Law Group, P.A., we’re here to support you.
What Counts as Domestic Violence in Florida?
Florida defines domestic violence broadly to cover more than just physical assault. According to state law, domestic violence includes any assault, battery, stalking, kidnapping, or false imprisonment committed by someone who is:
- A spouse or former spouse
- A relative by blood or marriage
- Someone you currently or formerly lived with
- A person with whom you share a child
Threatening statements, intimidation, and controlling behavior may support a request for a protective order if they create a well-founded fear of imminent harm. The court will consider the full context of the relationship, any history of violence, and whether the respondent’s behavior suggests a risk of future abuse.
Protective Orders: What They Are and How They Help
Florida courts issue different types of injunctions for protection based on the relationship between the parties and the nature of the threat. These orders are meant to prevent further harm and can impose legal restrictions on the respondent.
Common injunctions include:
- Domestic Violence Injunction – For abuse or threats from a current or former spouse, family member, household member, or someone with whom you share a child (Fla. Stat. §741.30).
- Dating Violence Injunction – For threats or violence in a recent romantic relationship, even without cohabitation or shared children.
- Repeat Violence Injunction – For two or more acts of violence or stalking by someone outside the household or family.
- Sexual Violence and Stalking Injunctions – Available regardless of the relationship.
A protective order can:
- Ban contact or communication
- Require the respondent to stay away from certain places
- Grant temporary custody or time-sharing
- Require the surrender of firearms
- Include other safety measures ordered by the court
Each injunction is designed for a specific situation, and selecting the right one is a key part of the legal process.
Filing for a Protective Order in Florida
You don’t need a lawyer to file for protection, but having one can make the process less stressful and more effective. Here’s how the process typically works:
- Go to your local courthouse and request a petition for an injunction. Some counties also allow online filing.
- Fill out the petition, describing the abuse or threats you’ve experienced. Be detailed and truthful.
- A judge may review your petition right away and issue a temporary injunction if they believe you’re in immediate danger.
- The court will schedule a hearing to decide whether a final injunction should be granted.
This hearing is usually held within 15 days. The respondent will be served with a copy of the petition and have a chance to attend.
What to Expect After a Protective Order Is Filed
If the judge issues a temporary injunction, it will go into effect as soon as the respondent is served. This order remains valid until the final hearing. At that hearing, both sides can present evidence and call witnesses.
If the court grants a final injunction, it may remain in effect for a set period or until the court modifies or terminates it. A final injunction can include terms about custody, visitation, support, and required counseling.
Importantly, violating any part of a protective order is a crime. Law enforcement can arrest someone who disregards the order, even without a new act of violence.
How We Can Help You Move Forward
At Staples Law Group, P.A., we represent individuals who need protection. We help our clients:
- Complete and file injunction petitions
- Gather documentation and prepare for court
- Present evidence and cross-examine witnesses
Whether you’re seeking immediate safety or long-term stability, we will guide you through each step with compassion and legal skill. You don’t have to do this on your own.
FAQ: Common Questions About Protective Orders in Florida
Can a protective order include temporary child custody?
Yes. Courts can include time-sharing and support provisions when necessary to protect the child.
What happens if the respondent violates the order?
Violations can result in arrest, criminal charges, and jail time even without new violence occurring.
Can I file for protection on behalf of my child?
Yes. Parents or legal guardians can file injunctions to protect minor children from abuse or threats.
Contact an Experienced Pensacola Family Law Attorney
If you’re facing domestic violence or need to take legal action to protect yourself or your children, we can help. At Staples Law Group, P.A., we’re committed to providing strong legal advocacy and compassionate support. Contact us today for a confidential consultation.