The Difference Between a Restraining Order and an Injunction for Protection in Florida
If you are trying to protect yourself or a family member from someone who is threatening or harming you, you may have heard the terms “restraining order” and “injunction for protection” used interchangeably. In Florida, though, these are not exactly the same thing, and understanding the distinction could matter a great deal when you are trying to figure out your next step.
What Florida Actually Calls These Orders
In many states, the term “restraining order” is the standard legal term for a court order that prohibits one person from contacting or approaching another. Florida uses that phrase informally, and you will hear it often. However, under Florida law, the formal legal mechanism for this type of protection is called an injunction for protection. If you walk into a courthouse in Palm Beach County seeking protection from an abusive partner or a stalker, you will be filing for an injunction, not a restraining order in the technical sense.
Florida’s injunctions for protection are governed by Chapter 784 of the Florida Statutes, which covers several distinct categories of injunctions depending on the relationship between the parties and the nature of the threat.
The Different Types of Injunctions Available in Florida
This is where it gets more specific, and where knowing the categories really helps. Florida law provides for five distinct types of injunctions for protection:
- Domestic violence injunctions, available to family or household members, including spouses, former spouses, people related by blood or marriage, and people who have lived together
- Repeat violence injunctions, for situations involving two incidents of violence or stalking between people who do not have a domestic relationship
- Dating violence injunctions, for people who have been in a romantic or intimate relationship within the past six months
- Sexual violence injunctions, which can be sought regardless of the relationship between the parties
- Stalking injunctions, which address repeated, willful harassment or cyberstalking
Each type has its own eligibility requirements and legal standards. Filing under the wrong category, or not understanding which one applies to your situation, can affect whether the court grants the injunction.
How the Process Works in Palm Beach County
When you file for an injunction for protection in Palm Beach County, a judge will first review your petition and decide whether to issue a temporary injunction without notifying the other party. This is called an ex parte order, and it can go into effect the same day you file if the judge finds that there is an immediate and present danger. A hearing is then scheduled, typically within 15 days, where both parties can appear and the court decides whether to issue a final injunction.
A final injunction can last for a specific period of time or indefinitely, depending on the circumstances. Violating an injunction is a criminal offense in Florida, which gives the order real legal weight.
Contact Schwartz | White for Help With Your Case
Navigating the court system during an already frightening situation is a lot to handle on your own. If you are considering seeking protection or you have questions about which type of injunction applies to your circumstances, we are here to help. At Schwartz | White, our Boca Raton domestic violence attorneys are ready to walk you through your options and help you take the steps needed to protect yourself and your family. Contact us today to schedule a confidential consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0784-0785/0784/0784.htm
