When people think about injunctions—often called restraining orders—they don’t always realize just how serious and complex these cases are. Whether you’re seeking protection or defending against an injunction, the outcome can have life-changing consequences.
At Gans Law, we handle injunction cases across Central Florida and understand both sides of these high-stakes situations. Below is a breakdown of the six types of injunctions in Florida, how the process works, and why having experienced legal representation matters.
The Six Types of Injunctions in Florida
Florida law recognizes several different types of injunctions, each with specific legal requirements. Choosing the correct type is critical—filing the wrong one can result in dismissal.
1. Domestic Violence Injunction
This applies when there is a family or household relationship, such as spouses, former spouses, relatives, or individuals who share a child.
- Requires only one act or threat of violence
- Often involves situations with children and shared living arrangements
- One of the most commonly filed injunctions
2. Repeat Violence Injunction
Used when there is no domestic relationship.
- Requires two or more acts of violence or threats
- Incidents must occur within a specific timeframe
- Examples include assault, battery, or repeated threats
3. Sexual Violence Injunction
This applies to victims of sexual offenses.
- Includes sexual battery or forcible felonies of a sexual nature
- Does not require an ongoing relationship
- Often supported by law enforcement involvement or forensic evidence
4. Dating Violence Injunction
Designed for individuals in a romantic or intimate relationship.
- Requires one act or threat of violence
- Relationship must be ongoing or recent
- Courts evaluate the nature and duration of the relationship
5. Stalking (Cyberstalking) Injunction
One of the fastest-growing categories due to digital communication.
- Requires two or more acts (a course of conduct)
- Must show intent to harass, alarm, or cause distress
- Includes in-person stalking and cyberstalking (texts, social media, emails)
6. Exploitation of a Vulnerable Adult Injunction
Focused on protecting individuals who cannot protect themselves.
- Involves guardianship and financial or physical exploitation
- Applies to elderly or disabled individuals
- Often overlaps with financial crimes or caregiver abuse
Civil vs. Criminal: What’s the Difference?
Here’s what many people don’t realize:
➡️ All of the conduct that leads to an injunction is criminal in nature.
➡️ An injunction itself is a civil remedy.
This means:
- You can have an injunction even if no one is arrested
- You can face an injunction even if criminal charges are never filed
- But violating an injunction is a criminal offense
The Injunction Process: Step-by-Step
Understanding the timeline helps you prepare and act quickly.
1. Petition Filing
The process begins when a petition is filed with the court.
- Must show an imminent threat of violence
- Typically based on incidents within the past 6 months
- A judge reviews the petition within 24 hours
2. Judge’s Initial Decision
After review, the judge will:
- Dismiss the petition (rare), or
- Set a final hearing within 15 days, or
- Issue a Temporary Restraining Order (TRO) and set a hearing
3. Temporary Restraining Order (TRO)
If granted, the TRO immediately:
- Prohibits all contact
- Requires surrender of firearms and ammunition
- Can remove someone from their home
This remains in effect until the final hearing.
4. Continuance
Respondents are typically entitled to one continuance, which can extend the timeline and allow for proper preparation.
5. Discovery & Litigation
In many cases, especially in circuit court:
- Depositions may be taken
- Interrogatories and document requests are exchanged
- Witnesses are prepared
These cases can extend for months, not just weeks.
6. Negotiation
Before the final hearing, attorneys often negotiate:
- Duration of the injunction
- Specific restrictions
- Possible dismissal or resolution
7. Final Hearing
This is essentially a mini-trial:
- No jury—only a judge decides
- Both sides present evidence and witnesses
- The judge determines whether to grant or deny the injunction
Why Injunction Cases Are High Stakes
For Petitioners
- Protection from harm
- Safety for children and family
- Immediate legal boundaries
For Respondents
- Loss of firearm rights
- Impact on employment (especially for licensed professionals)
- Effects on child custody and divorce proceedings
- Permanent reputational damage
The Importance of Proper Intake & Case Evaluation
Not every situation qualifies for an injunction—and filing incorrectly can hurt your case.
Key Factors We Evaluate:
- Type of relationship (domestic, dating, none)
- Number of incidents
- Whether the conduct meets statutory requirements
- Timeline of events
Evidence Matters
Strong cases are supported by:
- Police reports
- Arrest records
- Screenshots (texts, social media)
- Witness statements
Prior Denials: Not Always the End
A previously denied injunction is a warning sign—but not a deal breaker.
Many denials happen because:
- The wrong type of injunction was filed
- Important facts were left out
- The petitioner was self-represented
Identifying Weak or Misused Cases
Some cases are filed for the wrong reasons, such as:
- Gaining leverage in a divorce
- Ongoing personal disputes
- Situations better handled outside the court system
Proper legal guidance helps separate valid claims from weak ones.
Why You Need an Experienced Attorney
Injunction cases are not simple paperwork—they can involve:
- Complex legal standards
- Extensive discovery
- Strategic negotiation
- Trial-level advocacy
At Gans Law, our team of former police officers and a former prosecutor brings a unique advantage. We understand how these cases are investigated, prosecuted, and defended—giving our clients a strategic edge.
Get Help Today
Whether you are seeking protection or defending against an injunction, timing is critical. These cases move fast, and early action can significantly impact the outcome.
📞 Contact Gans Law today for a free consultation
⚖️ Flat Rate. Full Defense. Trial Included.
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