DEFENDING AGAINST INJUNCTIONS (PROTECTIVE ORDERS) in Florida
An injunction — also called a protective order or restraining order — is a court order. Violation carries criminal penalties. But the injunction itself is not a criminal conviction. It is a civil matter. That distinction matters because it affects your rights, your options, and how you defend.
If you have been served with an injunction petition, or if an ex parte temporary injunction was just issued against you, you need to understand what is happening and what you can do about it.
Injunction hearings in Leon County are held at the Leon County Courthouse before judges in the Second Judicial Circuit. Whether you are facing a dating violence, sexual violence, repeat violence, or stalking injunction, our office at 521 North Adams Street provides experienced representation for respondents in injunction proceedings throughout the Tallahassee area.
Related Practice Areas
Domestic Violence Defense |
Weapons & Firearms (firearm surrender) |
Stalking/Cyberstalking
Types of Injunctions
Florida law recognizes several categories of injunctions:
Dating Violence Injunctions (§ 784.046). Issued when one person in a dating relationship has committed acts of violence or threatens violence. The relationship must have some continuity — a single date typically does not qualify.
Sexual Violence Injunctions (§ 784.046). Triggered by sexual assault, sexual battery, or lewd acts. Importantly, a police report is generally required before an injunction can be granted.
Repeat Violence Injunctions (§ 784.046). These require two separate incidents of violence or threats, with at least one within the past six months. A single incident, no matter how serious, does not meet the statutory threshold.
Stalking Injunctions (§ 784.0485). Stalking injunctions require a pattern of behavior. One incident is insufficient. The statute requires two or more separate incidents that amount to stalking.
Protection of Vulnerable Adults (§ 825.1035). These apply when someone has abused, exploited, or neglected a vulnerable adult.
Note: Domestic violence injunctions (§ 741.30) are addressed on our separate Domestic Violence page.
What an Injunction Does
An injunction typically prohibits you from contacting the petitioner, approaching within a specified distance, and going to specific locations. Many injunctions require surrender of all firearms and ammunition. Under the federal Lautenberg Amendment, a qualifying restraining order can result in federal firearm prohibition. Surrender is mandatory. Failure to surrender can result in separate criminal charges.
Consequences
An injunction can affect your life substantially: employment (particularly in fields requiring background checks), firearm rights (state surrender plus potential federal prohibition), child custody and visitation determinations, housing applications, immigration status for non-citizens, and permanent visibility on background checks.
Violation of an Injunction (§ 784.047)
Violating an injunction is criminal. A first violation is generally a first-degree misdemeanor. Under § 784.047(2), subsequent or repeat violations — or violations involving stalking or harassment — may be elevated to a third-degree felony. This is how a civil order becomes criminal: violate it, and you face jail time and a criminal record.
Your Rights as the Respondent
You have the right to notice and a hearing before a permanent injunction is granted. An ex parte temporary injunction can be issued without you being present — that is temporary only, typically 15 days. Before it becomes permanent, you get your day in court. You have the right to present evidence, witnesses, and arguments. You can cross-examine the petitioner and their witnesses. You have the right to counsel.
Defending Against an Injunction Petition
Challenge Petition Sufficiency. Does the petition actually allege facts that meet the statutory requirements? For a repeat violence injunction, are there two separate incidents? For a stalking injunction, is there a pattern? Sometimes petitions allege behavior that does not meet the statute.
Credibility Challenges. Injunction hearings often come down to credibility. We cross-examine the petitioner, identify inconsistencies in their story, present evidence that supports your version, and challenge their characterization of your conduct.
Lack of Pattern (Stalking Injunctions). A single incident does not constitute stalking under the statute. If a stalking injunction is sought based on one incident, that is defensible.
Self-Defense. If you acted in self-defense or defense of another, that is a complete defense.
Mutual Conduct. In many cases, both parties contributed to the conflict. We present evidence of mutual conduct and show that the petitioner initiated contact or was equally responsible.
Negotiated Terms. Sometimes you and the petitioner can negotiate a mutual agreement — for instance, agreeing to stay away from specified locations while retaining the ability to live your life. We can propose negotiated orders that resolve the petition without a full restraining order.
Dissolution of Existing Injunctions
If an injunction is already in place, you have the right to petition for dissolution. You must show changed circumstances — the threatening behavior has stopped, there has been no contact, counseling has addressed underlying issues, or the relationship has fundamentally changed.
Firearms and the Lautenberg Amendment
If the injunction requires firearm surrender, you must comply. Under the federal Lautenberg Amendment, if an injunction meets certain criteria — specifically, if it is based on domestic violence conduct and was issued after notice and a hearing — that injunction can trigger federal firearm prohibition. Some injunctions do not trigger Lautenberg (stalking injunctions, for instance, typically do not). We assess whether the injunction triggers federal prohibition and advise accordingly.
What to Do Next
If you have been served with an injunction petition, act immediately. An ex parte temporary injunction might already be in place. Your permanent hearing is coming. You have a limited window to prepare your defense.
Contact The Law Offices of Anabelle Dias, P.A. for a confidential consultation. We defend injunction cases regularly in the Second Judicial Circuit and understand how to challenge petitions, cross-examine petitioners, and present evidence that supports your defense.
Common Questions About Injunctions (Protective Orders) in Florida
Is an injunction the same as a criminal charge?
No. An injunction (restraining order) case is a civil proceeding, not a criminal prosecution. However, the consequences can still be severe, including no-contact orders, firearms restrictions, and long-term effects on employment and family law issues. In addition, violating an injunction is a separate crime that can lead to arrest, jail, and a permanent criminal record, so it is critical to take the civil case seriously.
What happens at an injunction hearing in Florida?
At the final injunction hearing, the judge decides whether to make the temporary injunction permanent, modify it, or dismiss it. Both sides can testify, present witnesses and exhibits, and cross-examine the other party. The petitioner must prove the legal requirements for that type of injunction (such as dating violence, stalking, or repeat violence). Having an attorney prepare your testimony, evidence, and cross-examination can significantly affect the outcome.
Will an injunction show up on background checks?
Yes, in many cases. A permanent injunction is a court order that can appear in public records searches and on many commercial background checks. Employers, landlords, and licensing boards may see that an injunction was entered, even if no criminal conviction exists. Because injunctions are generally not confidential and can be difficult to remove, defending the case properly at the beginning is often far easier than trying to undo a bad result later.
What happens if I accidentally violate an injunction?
Even "accidental" contact can result in an arrest for violation of an injunction, especially if the order contains strict no-contact or stay-away terms. Police and prosecutors may still file charges even when the petitioner initiated contact or says they do not want you arrested. If you believe you may have violated an injunction, do not discuss it with the petitioner or law enforcement; contact a lawyer immediately to address the situation before it gets worse.
Can I get an existing injunction dissolved or modified?
In many cases, yes. A respondent can file a motion to dissolve or modify an injunction when circumstances have changed — for example, when there has been no contact for a long period, when the underlying allegations are no longer a concern, or when the order is causing significant hardship. The judge will look at whether there is still a reasonable fear of future violence. A carefully prepared motion and hearing presentation can improve your chances of having the injunction lifted or narrowed.
Disclaimer: The information on this page is provided for general informational purposes only and is not legal advice. You should not act or refrain from acting based on anything you read here without first consulting with a licensed attorney about your specific facts and circumstances. Viewing this website, using the contact forms, sending a text message, calling our office, or communicating with The Law Offices of Anabelle Dias, P.A. through this site does not create an attorney–client relationship. An attorney–client relationship is only formed after you speak directly with an attorney at our office and we both sign a written engagement agreement. Any references to past results, testimonials, or case outcomes are provided for informational purposes only and are not a guarantee, prediction, or promise of any particular result. Every case is different and must be evaluated on its own facts, evidence, and applicable law.
