Domestic Violence


In Florida, the Courts use the term injunction for protection against domestic violence rather than the more commonly used term restraining order.  We can help you petition for an injunction for protection against domestic violence, repeat violence, or sexual violence on behalf of yourself or your child.  Whether attempting to obtain an injunction or defending against an injunction, we can give you appropriate counsel and advice and help you gather and present the  evidence and testimony to support your position to the court.

The injunction process starts with the filing of a petition for an injunction. The person filing is called the petitioner. There is no court filing fee for the filing of a petition for injunction.

A petition for an injunction is reviewed by a judge. If the judge rules the allegations of the injunction taken as true meet the standard necessary for the issuance of an injunction the judge will enter a temporary injunction. A temporary injunction usually lasts for 15 days but can be extended if necessary to effectuate service. A hearing on the injunction is set to take place within those 15 days. It is then necessary for the party against whom the injunction is sought to be served with the petition, temporary injunction and the notice of hearing on it.

DOMESTIC VIOLENCE INJUNCTIONS/RESTRAINING ORDERSA temporary injunction can order restrictions on contact, that a party stay away from the petitioner and the places that the petitioner is regularly found like their house or workplace. A temporary injunction can also address child related issues like time-sharing and child support.

At the hearing on the injunction, the judge listens to the admissible testimony and evidence presented and determines whether an injunction is warranted. This is different to the temporary injunction process that preceded it as the allegations of the petitioner are no longer presumed to be true. Each party must prove their case.

If the judge decides to enter a “permanent” injunction it may be valid for a specific period of time or permanent until modification is sought. An injunction can be modified based upon the agreement of the parties or a change in circumstances that warrant it.

The Florida Domestic Violence Statute Section 741.30 (2015) governs domestic violence injunctions.

Florida Statute Section 784.046(2) governs repeat violence injunctions.

If you want specific information call us to schedule a consultation on (786) 539-4935.



Florida Statute Section 784.0485 governs stalking and cyber-stalking injunctions and civil claims.

Cyber-stalking is defined as a course of conduct to:

(1) Communicate words, images, or language;

(2) by or through the use of e-mail or electronic communication;

(3) directed at a specific person;

(4) causing substantial emotional distress to that person; and

(5) serving no legitimate purpose. 

The definition is meant to be broad and protective of victims. 

If you are a victim, we can help you petition for an injunction for protection against stalking, revenge porn, and/or cyber-stalking and/or bring a claim for money damages and attorney’s fees.

An injunction can order that the offensive material no longer be communicated to anyone, be taken down by the poster, and order the poster to stop posting such materials in the future.  You may also be able to obtain money damages from the stalker.  The statute provides for the recovery of actual damages or $5,000 whichever is greater, and for the recovery of attorney’s fees.

If you have been wrongfully accused in a petition for injunction relating to stalking, revenge porn, or cyber-stalking such allegations are not to be taken lightly.   In such a situation we can help defend you against the false accusations.

Whether you are attempting to obtain an injunction or defending against one, we can give you the advice you need,  help you gather and present the proof that supports your position, and present it to the court.

If you want specific information call us to schedule a consultation on (786) 539-4935.