A protective injunction can impose immediate restrictions on contact, housing, and parenting. Petitioners and respondents should prepare for the hearing with specific facts and an understanding of the relief being requested. If there is immediate danger, call 911.
Choose the correct statutory proceeding
Domestic violence injunctions require a qualifying family or household relationship and either victimization by domestic violence or reasonable cause to believe the petitioner is in imminent danger of becoming a victim. Shared residence is generally relevant to the relationship requirement, but parents of a child in common need not have lived together. Repeat, dating, and sexual violence have separate eligibility requirements under section 784.046. Repeat violence requires two qualifying incidents, one within six months before filing. Dating violence requires a qualifying romantic or intimate relationship and the statutory danger showing. Sexual violence has distinct reporting/cooperation or imprisonment-release eligibility conditions. Fla. Stat. §§ 741.30(1), (3), 784.046(1)–(2) (2026).
Describe events chronologically with dates, conduct, threats, injuries, witnesses, and available records. Avoid substituting conclusions such as “dangerous” for the actions supporting the petition. A respondent should prepare a factual response to each material allegation and identify any missing context without contacting the petitioner in violation of an order.
Temporary orders and the return hearing
An ex parte domestic violence injunction may issue upon an immediate and present danger showing. Its initial term cannot exceed 15 days; a full hearing is set within that period, subject to continuances and extensions. Fla. Stat. § 741.30(5) (2026).
A temporary order does not resolve every disputed fact. Read the hearing notice and the order carefully. Preserve complete messages, photographs, recordings, medical documentation, and relevant witnesses. Plan how admissible evidence will be presented rather than assuming an attachment or a police report proves every statement it contains. If additional preparation or service is needed, address it with the court promptly.
Parenting and other consequences
Ex parte domestic violence relief can include a temporary parenting plan awarding the petitioner up to all time-sharing under the statutory framework. Following notice and hearing, the court may also award temporary parenting and support relief as authorized by law. Child exchanges, supervised contact, and any existing parenting order require careful coordination; do not assume every injunction category authorizes identical family-law relief. Fla. Stat. § 741.30(5)–(6), (9) (2026); Fla. Fam. L. R. P. 12.610(c).
Bring all family-court orders to counsel so overlapping provisions can be reviewed. Ask how exchanges, school events, and permitted child-related communications should occur. A message intended to resolve a parenting issue may still violate a no-contact provision.
Respondents should obtain advice about any firearm restrictions and the consequences of consenting to an injunction. Petitioners should preserve evidence of alleged violations and use lawful enforcement channels. A private invitation or mutual agreement should not be treated as a court modification. Seek clarification or relief through the appropriate proceeding.
What to bring to a consultation
- The petition, injunction, hearing and service notices
- complete messages
- photographs
- lawfully obtained recordings
- police and medical records
- witness details
- and overlapping family or criminal orders
When to act promptly
Call 911 for immediate danger. Read the injunction and hearing notice immediately; temporary relief and hearing dates require prompt attention. A private invitation does not modify a no-contact order.
Contact The Desai Firm at (904) 563-6952 or pd@desaifirm.com to discuss filing, defending, or enforcing a protective injunction.