Domestic Violence Awareness Month is a critical time to highlight resources, protections, and legal tools available to survivors of abuse in Florida. If you or someone you love is facing threats, harm, or repeated harassment, knowing your rights under Florida law and the steps you can take, can make all the difference. In the sections below, we’ll cover the key legal options under Florida law, such as protective injunctions and emergency custody, while also highlighting vital community resources for survivors of domestic violence.
What Is “Domestic Violence” Under Florida Law?
- Florida defines domestic violence broadly in Chapter 741, Florida Statutes. It includes assault, battery, stalking, kidnapping, false imprisonment, or any criminal offense that results in physical injury or death of one family or household member by another.
- Family or household members can include spouses, former spouses, persons related by blood or marriage, people living together, individuals who have a child in common, or those who have or have had a romantic relationship.
Injunctions for Protection (Restraining Orders)
These are civil court orders designed to protect survivors from further abuse or threats. In Florida, an injunction is also often called a protective order or restraining order.
Types of Injunctions Available
Florida law provides several kinds of injunctions depending on the relationship to the abuser and nature of abuse or threats. Types include:
- Domestic Violence Injunction – when the abuser is a family or household member.
- Dating Violence Injunction – when parties are in a romantic or intimate relationship and have or had contact within the past six months.
- Repeat Violence Injunction – two incidents of violence or stalking by the same person, one must be within the past six months.
- Sexual Violence Injunction –for certain sexual offenses, even if reported or prosecuted or not.
- Stalking Injunction – in repeated or threatened harassment, including cyberstalking.
How to Obtain an Injunction
- File a verified petition in circuit court. You don’t need an attorney, although having one can help.
- Petition must include the defendant/respondent, describe the abuse or threat, specify facts, whether there are other court actions, etc.
- Once filed, you may request a temporary injunction pending a hearing. Courts can issue such temporary orders quickly.
- The clerk of court assists with forms and may help with certificates of indigence (i.e. waiving fees if financial hardship). There is no filing fee in many counties under Chapter 741 for domestic violence injunctions.
Enforcement and Violation
- Violating an injunction is serious: it can lead to criminal penalties (misdemeanor or felony depending on number of prior violations), monetary fines, or even arrest.
- If the abuser fails to obey the order (e.g. refusing to stay away, refusing to surrender firearms if ordered, making threats, contacting the protected party indirectly), those are violations.
Emergency Custody / Temporary Custody in Domestic Violence Cases
In situations where domestic violence involves minor children, the legal system provides tools to protect them and their parent from immediate harm:
- Under Florida Statutes § 61.517, a court may issue temporary emergency custody when a child has been abandoned, or when necessary to protect the child because the child, a sibling, or a parent is subjected to or threatened with abuse.
- This can allow a parent fleeing violence to have temporary custody, even if another state had prior jurisdiction of the custody matter. The court will assess whether there’s an emergency and need for protection.
- Emergency custody is usually short-term; it’s intended to stabilize the situation until a hearing can be held. It’s often combined with injunctions or protective orders to restrict contact by the abuser.
Additional Legal Tools & Options
- Child Support / Custody Modifications – Domestic violence or threats of harm may be grounds for modifying custody/parental responsibility. Courts prioritize children’s safety.
- Criminal Complaints – You can also pursue criminal charges against the abuser for battery, assault, threats, or other offenses. Law enforcement plays a role.
- Surrendering Firearms – In an injunction, courts may order the respondent to surrender firearms or ammunition. Violations related to possession of weapons may have extra legal consequences.
Community & Support Resources for Survivors in Florida
Legal measures are essential – but support beyond the courtroom matters greatly for safety, healing, and long-term stability.
- Florida Certified Domestic Violence Centers – 41 statewide centers offering temporary emergency shelter, 24-hour hotlines, safety planning, counseling, case management, and referrals.
- Hubbard House (Jacksonville and surrounding counties) – A comprehensive domestic violence center offering shelter, legal clinics, counseling, and children’s programs.
- Legal Aid & Free Legal Assistance – Many legal aid organizations assist with injunctions, custody, and related legal needs for survivors with limited financial ability.
- Hotlines and Advocacy:
- Florida Department of Children and Families Office of Domestic Violence maintains resources and referral systems.
- National Domestic Violence Hotline (1-800-799-SAFE), crisis counseling.
- Safety Planning & Counseling – Certified programs help survivors craft safety plans, including where to go, how to document abuse, how to protect children, and how to preserve evidence for legal use.
What Survivors Should Do Now: Action Steps
- Document the Abuse or Threats – Keep records: photos, texts, emails, medical reports. These can be critical for injunctions, custody, and criminal cases.
- Seek an Injunction Immediately if you are in fear, or if abuse has occurred recently or repeatedly.
- File for Emergency or Temporary Custody if children are in danger or need protection – do this with the help of an attorney when possible.
- Connect with Community Resources — shelters, domestic violence centers, legal aid, hotlines.
- Consult a Family Law Attorney familiar with domestic violence and injunction law in your county. Laws can vary slightly in how things are handled locally (forms, clerk office, hearings).
Why Legal Options Matter
- Safety: Injunctions and emergency custody can protect you and your children from immediate physical harm.
- Stability: Access to shelter, counseling, legal orders can prevent further trauma and give you options.
- Enforcement: Courts take violations seriously — being violated can lead to criminal charges.
- Long-term fairness: Custody, support, and protection orders before permanent legal proceedings (e.g. divorce) can shape outcomes significantly.
Domestic Violence Awareness Month is not only a time to reflect, but also to act. If you are a survivor, or you believe someone close to you needs help, know that Florida law offers real, enforceable options: injunctions, emergency custody, and protections under Chapter 741. You don’t have to go through it alone– legal tools and community supports exist to protect you.
At Parra Harris Family Law Firm, we are committed to helping survivors understand their rights, pursue protection, and rebuild lives safely. If you or a loved one needs guidance, reach out to a Florida family law attorney who specializes in domestic violence — because safety, dignity, and legal protection are not optional; they are the right you deserve.
