An Injunction for Protection, sometimes referred to as a “restraining order,” is a means of getting legal protection, that directs the person not to have any contact with you, whether or not you have ever called the police or pressed charges. You do not need to have a lawyer to obtain an Injunction for Protection.
What are the different types of injunctions and how do you qualify?
Domestic Violence Injunction
Repeat Violence Injunction
Dating Violence injunction
Sexual Violence Injunction
Stalking Violence Injunction
You may be entitled to obtain an Injunction under Florida Law if you fit into one of the following categories:
1) Florida Statute 741.30 (Domestic Violence) Your relationship with the person whom the Injunction is being filed against must be that of:
“Domestic Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death.
The Judge must believe that an immediate and present danger of domestic violence exists in order to grant a Temporary Injunction.
The Injunction can provide such relief as the court deems proper, including:
The Judge can order other help, depending upon the circumstances.
There is no fee for an injunction.
The Judge will decide at the hearing whether to issue a Permanent Injunction. Sometimes the Judge will order an extension of the Temporary Injunction, which is another way of ordering a Permanent Injunction. The Judge will specify what conditions or restrictions are to be placed upon the Respondent. Some examples of conditions or restrictions that the Judge may order include:
Please note that the Injunction is not intended to provide you with a method to obtain custody of or support for a child. As a courtesy, the Judge will address these issues at the hearing. However, if the Respondent fails to comply with the visitation or child support portion of the order, you should not call the Judge’s Office. Instead, you may want to contact the Clerk’s Domestic Relations Division with your concerns.
You may ask the Judge at the hearing to dismiss the Injunction, and the Judge will decide whether or not to do so. If you are not present at the hearing, you cannot assume that the Injunction will automatically be dismissed. If the hearing has already been held, and you want to request a dismissal of the Injunction, you may contact the Clerk’s Domestic Relations Division.
If an Injunction is extended, that means that the terms of the Temporary Injunction will continue to apply for the period of time specified in the Court’s order, up to 1 year. The Judge may also order changes or additions to the original wording at the time the extension is ordered.
Yes, with an order from the court. The Respondent may retrieve personal belongings from the residence in the presence of a law enforcement officer.
If the Injunction states that the parties are to have ‘no contact,” that means that there should be No Communication – either directly, indirectly, or through a third party - between the Petitioner and Respondent.
Yes. If the Injunction states that there is to be no contact, and the Respondent contacts you, the Respondent is in violation of the Injunction. It does not matter if the contact was made at your invitation.
Yes. If the Injunction states that the Respondent must vacate the residence or must not have contact with you, then the Respondent is in violation of the Injunction if you continue to live together.
No. Only the Judge can change or dismiss an Injunction.
Yes. You must not move in with him/her at another address.
If the Injunction orders the Respondent to avoid contact with you, but you both want to resume the relationship, you will need to petition the court for a dismissal or modification. Contact the Clerk’s Domestic Relations Division at (407) 742-3492 for more information.
“Repeat Violence” means two incidents of violence or stalking committed by the Respondent, one of which must have been within six (6) months of the filing of the petition, which are directed against the Petitioner or the Petitioner’s immediate family member.
There is created a cause of action for an Injunction for Protection in cases of repeat violence.
The Victims Assistance will provide a copy of this section, simplified forms, and clerical assistance for the preparation and filing of such a petition by any person who is not represented by counsel.
“Sexual violence” means any one incident of:
1. Sexual battery as defined in chapter 794;
2. A lewd or lascivious act as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age;
3. Luring or enticing a child, as described in chapter 787;
4. Sexual performance by a child, as described in chapter 827; or
5. Any other forcible felony wherein a sexual act is committed or attempted. regardless of whether criminal charges based on the incident were filed, reduced or dismissed by the state attorney
“Dating Violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:
1. A dating relationship must have existed within the past 6 months;
2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
3. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.
The Petitioner must be a victim of stalking or cyberstalking committed by the respondent. A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits stalking.
Food and Clothing
Food Pantry (St. Cloud)
Red Cross (USDA Commodities)
WIC (Women, Infants & Children)
Rent and Utility Assistance
First United Methodist Church
Orlando Rescue Mission
Injunctions Processing Unit (3rd Floor)
Osceola County Sheriff’s Office
Kissimmee Police Department
St. Cloud Police Department
Office of the Attorney General