Every October, purple ribbons go up for Domestic Violence Awareness Month. Behind the ribbons is a very practical question many people in Central Florida are quietly asking: How do I get the court to make this stop? 

In Florida, the main answer is an injunction for protection against domestic violence. Most people call it a restraining order. It is a civil court order, separate from any criminal case. Florida law built it so that a person can ask for it without money and without a lawyer. 

Here is how it works, what it can do for you and your children, and what changed on July 1, 2026. 

Who can ask for one 

You can file if you have been a victim of domestic violence, or if you have reasonable cause to believe you are in imminent danger of becoming one. Fla. Stat. § 741.30(1)(a) (2026). 

The person you need protection from must be a “family or household member.” That means a spouse or former spouse, a relative by blood or marriage, or someone you live with or used to live with as a family. Except for the other parent of your child, you must live or have lived together in the same home. The other parent of your child qualifies even if you never married or lived together. Fla. Stat. § 741.28(3) (2026). 

If the person is someone you dated, a stranger, or a coworker, Florida has separate injunctions for dating violence, repeat violence, sexual violence, and stalking. Fla. Stat. §§ 784.046, 784.0485 (2026). The process is similar. 

You can file whether or not a divorce or custody case is already open. Fla. Stat. § 741.30(1)(b) (2026). 

No filing fee. No lawyer required. 

Florida law prohibits charging a filing fee for these petitions. Fla. Stat. § 741.30(2)(a) (2026). You do not need an attorney to file. Id. § 741.30(1)(f). The Clerk of Court must help you with the forms, and many clerks have domestic violence advocates on site. Id. § 741.30(2)(c). 

That said, the other side may show up at the final hearing with a lawyer. If children, a shared home, or a pending divorce are involved, having your own attorney at that hearing can make a real difference. 

Step by step 

     1.     File a sworn petition. You describe, in your own words, what happened and why you are afraid. Be specific: dates, threats, injuries, texts, photos. The petition is signed under oath, so tell the truth and do not exaggerate. 

     2.     A judge reviews it, often the same day. If the judge finds an immediate and present danger, the court can issue a temporary injunction without the other person being present. It lasts up to 15 days. Fla. Stat. § 741.30(5)(c) (2026). 

     3.     Law enforcement serves the other person. The temporary order is not enforceable against them until they have been served. 

    4.     The final hearing. It is set before the temporary order expires. Id. Both sides can testify, bring witnesses, and present evidence. Bring printed screenshots, photos, police reports, and medical records. 

     5.     The judge decides. If granted, a final injunction can stay in effect until a judge modifies or dissolves it. Id. § 741.30(6)(c).

What it can do for your children 

This is the part many parents do not know. A domestic violence injunction is not only about staying away. 

Even at the temporary stage, a judge can set a temporary parenting plan, including up to 100 percent of the time-sharing for the petitioner, and can name a neutral place for exchanges. Fla. Stat. § 741.30(5)(a) (2026). A final injunction can also order temporary child support or support for the petitioner, and can give you exclusive use of a shared home. Id. § 741.30(6)(a). 

Those orders are temporary by design. The long-term parenting plan is decided in a family case under Chapter 61. There, domestic violence carries real weight. The court must consider evidence of domestic violence when deciding what is in a child’s best interests, whether or not anyone filed a case about it. Fla. Stat. § 61.13(3)(m) (2026). And if a parent has been convicted of a first-degree misdemeanor or higher involving domestic violence, Florida law presumes that shared parental responsibility would be harmful to the child. That presumption can be rebutted, but it shifts the starting point. Id. § 61.13(2)(c)2. 

The law cuts both ways. A judge may also consider whether a parent knowingly gave the court false information about domestic violence. Id. § 61.13(3)(n). 

What changed on July 1, 2026 

The Legislature passed CS/CS/HB 277 this year, now chapter 2026-86, Laws of Florida. Among the changes: 

• Threats against pets now count. When deciding whether someone is in imminent danger, judges now consider whether the respondent injured, killed, or threatened to injure or kill a family pet, including service and emotional support animals. Fla. Stat. § 741.30(6)(b) (2026). 

• Military protective orders count, too. A prior military protective order is now on the list of factors a judge weighs. Id. 

• Repeat violations are now a felony sooner. Violating an injunction is a first-degree misdemeanor. Fla. Stat. § 741.31(4)(a) (2026). A violation after one prior conviction for domestic violence or an injunction violation is now a third-degree felony. Before, it took two. Id. § 741.31(4)(c). 

• Tougher penalties for repeat domestic violence. Many domestic violence crimes now move up one level when the person has a prior domestic violence conviction. 

• More relocation help. State relocation assistance for victims rose from $1,500 to $2,500 per claim, and from $3,000 to $5,000 over a lifetime. 

Firearms 

A final domestic violence injunction makes it a crime for the respondent to have any firearm or ammunition in their care, custody, possession, or control. Fla. Stat. §§ 741.30(6)(g), 790.233 (2026). The order must say so on its face. 

If you have been served with one 

Take it seriously, and follow it exactly. Even contact that seems harmless, like a text asking to talk, can be a violation. Do not reach out through friends or social media. Show up for the hearing. A final injunction can affect your time with your children, where you live, your job, and your right to own a firearm. Talk to a lawyer before the hearing, not after. 

How Grace Law can help 

We help petitioners prepare their evidence and stand beside them at the final hearing. We also represent respondents who need to be heard. And we handle what comes next: the divorce, the parenting plan, and the support case that so often follow. 

Speak with an attorney about your situation. 

In English or Spanish  ·  407.777.4994  ·  GraceLawPA.com 

Need to talk to someone tonight? Florida Domestic Violence Hotline: 1-800-500-1119