Florida Injunctions Explained: What You Need to Know About Restraining Orders

If you have been served with an injunction in Florida—or you are considering filing one—you may be wondering what happens next and how seriously you should take the situation.

The short answer: very seriously.

In Florida, what many people commonly call a restraining order is generally referred to as an injunction. Injunction proceedings can move quickly, and a temporary order may be entered before the person on the other side has had an opportunity to tell their side of the story.

At Gans Law, our criminal defense attorneys regularly handle injunction matters involving both petitioners, who are seeking protection, and respondents, who have had an injunction filed against them.

What Is an Injunction in Florida?

An injunction is a court order that can restrict another person’s actions or contact with someone else. Florida recognizes several types of injunctions, including injunctions involving:

• Domestic violence
• Dating violence
• Repeat violence
• Sexual violence
• Stalking

Choosing the correct type of injunction matters because each has its own legal requirements. Filing under the wrong category can create significant problems with a petition—even when the underlying allegations are serious.

Can Someone Get an Injunction Without a Criminal Case?

An injunction proceeding is not necessarily the same thing as a criminal case.

Depending on the circumstances and type of injunction, a person may be able to petition the court for protection without an existing criminal prosecution. The court considers the allegations and applicable legal requirements when determining whether an injunction should be issued.

This distinction is important because people sometimes assume that if they haven’t been arrested or charged with a crime, they don’t need to worry about an injunction.

That is not necessarily true.

Can a Temporary Injunction Be Issued Before You Go to Court?

One of the most important things to understand about Florida injunction proceedings is that a court may initially consider a request for temporary protection without both parties being present.

This is sometimes referred to as proceeding ex parte.

A temporary injunction is designed to provide immediate protection while the case moves toward a hearing. That means a respondent may be served with an order containing restrictions before having the opportunity to present their side of the case.

Once you are served, you should carefully read every provision of the order and take the restrictions seriously.

What Happens When You Are Served With an Injunction?

Being served provides notice that an injunction has been entered or requested and gives you information about the upcoming court proceedings.

Do not ignore the paperwork.

An injunction can contain restrictions regarding contact, locations, communication and other conduct. The exact restrictions depend on the order entered by the judge.

Even though an order may say “temporary,” that does not mean it should be treated casually. Court proceedings can also be continued or delayed, potentially extending the amount of time a temporary order remains relevant.

What Is a Domestic Violence Injunction?

Domestic violence injunctions are among the most commonly encountered injunctions in Florida.

These cases can involve family or household relationships and allegations of violence or circumstances involving fear of imminent violence.

A person does not necessarily have to be married to the other party for a domestic violence injunction to become an issue. The specific relationship between the parties and their living arrangements can be legally significant.

These details matter because injunction cases involve specific legal elements. An allegation that sounds serious does not automatically mean every statutory requirement for a particular type of injunction has been satisfied.

Can You Violate an Injunction Without Committing Violence?

Yes—and this is one of the biggest mistakes people can make after being served.

A violation does not necessarily require a new act of violence.

Depending on the terms of the order, prohibited conduct could potentially include:

• Calling or texting the protected person
• Going to their home or another prohibited location
• Getting too close to them
• Contacting them through social media
• Having another person deliver a message on your behalf

That last point is especially important.

If the order prohibits contact, trying to communicate through your mother, father, friend, cousin or another third party may still create serious legal problems.

No contact can mean no contact—even indirect contact.

What If the Other Person Contacts You First?

This is another situation that can cause confusion.

If you are the person restricted by the injunction, the protected person contacting you does not automatically give you permission to respond.

They may text you. They may call you. They may tell you they want to see you.

That does not necessarily change the court’s order.

An injunction is a court order, and the parties generally cannot privately decide to disregard its terms. If an order needs to be changed or dissolved, that issue needs to be addressed through the court.

Until the court changes the order, follow it.

Can an Injunction Be Changed or Removed?

Depending on the circumstances, an injunction may be subject to modification or dissolution through the court.

However, simply agreeing with the other person that the injunction is “over” does not mean the court order disappears.

The judge ultimately determines whether the existing order will be modified or dissolved.

This is why someone subject to an injunction should not rely on a text message, phone call or verbal promise from the other party saying it is okay to resume contact.

Why Having an Attorney Can Matter in an Injunction Hearing

Florida injunction cases can be highly emotional. However, the judge must make decisions based on the law, evidence and specific legal requirements.

An attorney can help identify questions such as:

Was the correct type of injunction filed?

Does the relationship between the parties satisfy the legal requirements?

Does the court have jurisdiction?

Does the evidence establish the required elements?

Are there related criminal, divorce, custody or family-law proceedings that need to be disclosed or considered?

Understanding which facts actually matter legally can make a major difference in how a case is presented.

Served With an Injunction in Central Florida? Contact Gans Law

Whether you are seeking an injunction or have been served with one, the decisions you make early in the process can matter.

Do not ignore the paperwork. Do not assume a temporary order isn’t serious. And if you are subject to a no-contact provision, do not contact the protected person unless and until the court order permits it.

Gans Law represents clients in injunction matters throughout Central Florida. Our team includes attorneys with backgrounds in law enforcement and prosecution who understand these cases from multiple sides of the criminal justice system.

If you have questions about an injunction, restraining order, alleged violation or related criminal case, contact Gans Law to schedule a consultation.

Gans Law — Everyone Deserves Justice.

This blog is for general informational purposes only and is not legal advice. Every case is different, and you should speak with an attorney about your specific circumstances.