If you are served with a temporary domestic violence injunction in Florida, follow it exactly, including no contact and surrendering firearms, even if the allegations are false. The temporary order is usually granted without you present and lasts until a final hearing, often within about 15 days. At the final hearing you can present evidence and witnesses, and a lawyer can contest the petition and protect you from statements that could be used in a criminal case.
Key takeaways
- Obey the temporary injunction exactly, starting immediately.
- Violating an injunction is a crime under § 741.31, Fla. Stat..
- The final hearing is your chance to contest the petition.
- A final injunction can affect custody, housing and firearms.
- Anything you say can be used in a related criminal case.
What is a domestic violence injunction?
A domestic violence injunction under § 741.30, Fla. Stat. is a civil court order that can prohibit contact, require you to leave a shared home, set temporary custody and require you to surrender firearms. A judge can issue a temporary injunction based only on the petitioner's sworn statement, then hold a full hearing.
What should you do right after being served?
- Read the order carefully and note the hearing date.
- Have no contact of any kind, including texts, social media or messages through friends.
- Surrender firearms and ammunition as ordered.
- Save evidence such as messages, photos, call logs and witness names.
- Contact a lawyer before the hearing.
Facing this situation in Broward County? Talk to a defense attorney today.
What happens at the final hearing?
Both sides can testify, present witnesses and submit evidence. The judge decides whether the petitioner proved the legal requirements. If the injunction is denied, the temporary order ends. If granted, a final injunction can last for a set period or indefinitely, and it can be modified or dissolved later.
Why does a criminal defense lawyer matter in an injunction case?
Injunction hearings often happen while a related criminal investigation is open. Testifying without guidance can create admissions that prosecutors later use. A defense attorney can cross-examine the petitioner, present your side strategically and coordinate the civil and criminal cases.
Frequently asked questions
Can I go home if the petitioner invites me back?
No. Only the court can change the injunction. Contact that violates the order can lead to arrest even if the petitioner initiated it.
How long does a temporary injunction last in Florida?
Usually until the final hearing, which is commonly set within about 15 days, though it can be continued.
Will an injunction show up on a background check?
Final injunctions are court records and can be found in searches. They also go into law enforcement databases.
Can a final injunction be dissolved later?
Yes. Either party can ask the court to modify or dissolve it based on changed circumstances.
Related practice areas
Practice areaDomestic Violence Defense Attorney
Practice areaWeapons Charges Defense Attorney
Practice areaCriminal Defense Attorney
Keep reading
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Violent CrimesResisting Arrest in Florida: With and Without Violence
Arrests & CourtWhat To Do If You Are Arrested in Fort Lauderdale
Arrests & CourtArrested in Fort Lauderdale While Visiting? What Out of State Visitors Need To Know
Florida law referenced: § 741.30, § 741.31, Florida Statutes (2025).
This article provides general information about Florida law and is not legal advice. Every case is different. Contact an attorney about your specific situation.