Fla. Stat. § 741.30

Domestic Violence
Injunctions

A domestic violence injunction — what many call a restraining order — is a powerful court tool with serious consequences on both sides. Here is how the process works.

Attorney-Reviewed Statute Resource
Reviewed by Joseph Grant, Family Law Attorney (Fla. Bar #97315). Last reviewed: June 2026

What an Injunction Does

Under § 741.30, a person who is a victim of domestic violence — or who reasonably believes they are in imminent danger of becoming one — can petition for an injunction for protection against a family or household member. It can order no contact, exclusive use of a home, temporary time-sharing, and surrender of firearms.

The Governing Statute
Fla. Stat. § 741.30 — Domestic Violence Injunctions
"There is created a cause of action for an injunction for protection against domestic violence [for] any person who is either the victim of domestic violence … or has reasonable cause to believe he or she is in imminent danger."
Read the full statute on Online Sunshine →

The Process

DV Injunction — How It Moves
Temporary injunction: a judge can grant an immediate, temporary (ex parte) injunction the same day, without the other side present, if there’s an immediate danger.

Full hearing: a hearing is set (typically within about 15 days) where both sides present evidence.

Final injunction: may be entered for a fixed period or until further order.

Serious for Both Sides

These cases carry real weight. For a petitioner, an injunction provides court-backed protection. For a respondent, it can mean losing access to a home, children, and firearms, and a violation is a criminal offense. Both sides benefit from being prepared for the hearing — it is often the only chance to present the full picture.

Frequently Asked Questions

How do I get a restraining order in Florida?
You petition the court for an injunction for protection under § 741.30. If there is an immediate danger, a judge may grant a temporary injunction the same day, followed by a full hearing (typically within about 15 days) where both sides present evidence before a final injunction is decided.
What happens if you violate a domestic violence injunction in Florida?
Violating an injunction is a criminal offense that can lead to arrest and prosecution, separate from the family court matter. Injunctions can also require surrendering firearms and staying away from a home, workplace, or children.
Can a domestic violence injunction affect custody in Florida?
Yes. An injunction can include temporary time-sharing provisions, and domestic violence is a factor courts weigh in determining parenting arrangements. These proceedings can significantly affect a related divorce or paternity case.

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This page summarizes Fla. Stat. § 741.30 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.