Requirements for a Restraining Order | How to Get One
Understanding Florida’s Restraining Order Process
If you’re seeking protection from harassment, violence, or stalking, understanding the requirements for a restraining order in Florida is essential. At Russo Law & Advocacy, Dominique Russo helps clients across Florida navigate the complex process of obtaining—or defending against—restraining orders, ensuring their rights and safety are protected.
In Florida, restraining orders (legally called “injunctions for protection”) are court orders designed to protect victims from various forms of abuse or harassment. The specific requirements for restraining order petitions vary depending on the type of protection sought and the relationship between the parties involved.
Types of Restraining Orders in Florida
Domestic Violence Injunctions
For protection against family or household members, including:
- Spouses or ex-spouses
- Blood relatives
- People who live together as a family
- Parents of a child in common
Dating Violence Injunctions
For protection in dating relationships where the parties have had a continuing relationship of a romantic or intimate nature.
Repeat Violence Injunctions
For protection after two incidents of violence or stalking, one of which must have occurred within 6 months of filing.
Sexual Violence Injunctions
For victims of sexual violence, regardless of relationship to the perpetrator.
Stalking Injunctions
For victims of repeated following, harassment, or cyberstalking.
Key Requirements for Restraining Order Approval
To obtain a restraining order in Florida, you must meet specific legal criteria under Florida Statute § 784.046:
Domestic Violence Requirements
✅ Relationship requirement: Family or household member
✅ Evidence of violence: Physical violence, assault, or credible threats
✅ Immediate danger: Reasonable fear of imminent violence
Repeat Violence Requirements
✅ Two incidents of violence or stalking
✅ One incident within 6 months of filing
✅ Credible evidence of both incidents
Dating Violence Requirements
✅ Substantial emotional attachment in a romantic relationship
✅ Frequency and duration of interaction demonstrating a continuing relationship
✅ Evidence of violence or credible threats
How to Get a Restraining Order in Florida
Understanding how to get a restraining order involves navigating a multi-step process:
Step 1: File the Petition
- Complete required forms at the courthouse
- Provide detailed information about incidents and threats
- Submit any supporting evidence (texts, photos, witness statements)
Step 2: Temporary Hearing
- Judge reviews petition without the other party present
- May grant temporary injunction if immediate danger exists
- Temporary order typically lasts 15-30 days
Step 3: Final Hearing
- Both parties present evidence and testimony
- Judge determines if permanent injunction is warranted
- Permanent orders can last indefinitely or for a set period
Valid Reasons for Restraining Order
Understanding the reasons for restraining order approval helps strengthen your case:
Domestic Violence Grounds
- Physical violence or assault
- Threats of violence creating reasonable fear
- Stalking or cyberstalking
- Sexual assault or abuse
Repeat Violence Grounds
- Two separate incidents of violence or stalking
- Credible threats of violence
- Pattern of harassing behavior
Additional Valid Reasons
- Destruction of property
- Harassing phone calls or messages
- Showing up uninvited at home or workplace
Order of Protection vs Restraining Order
Many people wonder about the difference between order of protection vs restraining order:
In Florida:
- Restraining order is the common term
- Injunction for protection is the legal term
- Order of protection is sometimes used interchangeably
- All refer to court orders prohibiting contact or abuse
Why You Need a Lawyer for Restraining Order Matters
Whether you’re seeking protection or defending against an injunction, a lawyer for restraining order cases provides critical advantages:
For Petitioners
✅ Stronger case preparation with proper evidence
✅ Correct legal arguments for your specific situation
✅ Protection against counter-petitions or legal challenges
For Respondents
✅ Challenge false or exaggerated allegations
✅ Protect your rights and reputation
✅ Present evidence of false accusations or improper motives
FAQs About Florida Restraining Orders
1. How long does a restraining order last in Florida?
Temporary orders last 15-30 days, while permanent orders can last indefinitely or for a set period determined by the judge.
2. Can I get a restraining order for verbal abuse?
Yes, if the verbal abuse includes credible threats that create reasonable fear of violence.
3. What happens if someone violates a restraining order?
Violation is a first-degree misdemeanor punishable by up to 1 year in jail, or a felony if the violation involves additional crimes.
4. Can a restraining order affect child custody?
Yes, family courts consider active restraining orders when making custody and visitation decisions.
5. Do you handle restraining order cases throughout Florida?
Yes. We serve all Florida counties, including:
- Miami-Dade County (Miami, Coral Gables, Hialeah)
- Palm Beach County (West Palm Beach, Boca Raton, Jupiter)
- Broward County (Fort Lauderdale, Hollywood, Pembroke Pines)
Need Help With a Restraining Order? Contact Us Today
Whether you need protection or are facing false allegations, Dominique Russo at Russo Law & Advocacy can help. We serve clients across Florida, including:
📍 Palm Beach County (West Palm Beach, Boca Raton, Jupiter)
📍 Broward County (Fort Lauderdale, Hollywood, Pembroke Pines)
📍 Miami-Dade County (Miami, Coral Gables, Hialeah)
“Don’t navigate the complex restraining order process alone. We provide the legal expertise to protect your safety and your rights.”
