Understanding Florida’s Injunction Process: How Courts Decide Whether to Grant a Restraining Order

When someone files for a restraining order—also known as an injunction—in Florida, the process can move quickly and carry serious consequences. Whether you are seeking protection or defending against false allegations, understanding how the courts decide whether to grant an injunction is essential. These cases are often emotional, but the decisions are ultimately based on specific legal standards and evidence.

This guide explains how Florida’s injunction process works, what judges look for when evaluating petitions, and how an experienced defense attorney like Kathleen Bogenschutz helps clients navigate the process in Tallahassee, Panama City, Pensacola, Destin, Rosemary Beach, and Lake City.

What Is an Injunction (Restraining Order) in Florida?

An injunction is a civil court order designed to protect one person from another. In Florida, injunctions can prohibit contact, require one party to move out of a shared home, or restrict firearm possession. Although they are civil orders, violating one can lead to criminal charges.

Florida recognizes five main types of injunctions:

1. Domestic Violence Injunctions – Between family or household members where violence or threats have occurred.
   
   
2. Dating Violence Injunctions – Between individuals in a romantic or intimate relationship within the past six months.
   
   
3. Repeat Violence Injunctions – When two or more incidents of violence or stalking have occurred.
   
   
4. Sexual Violence Injunctions – For victims of sexual assault, battery, or other sexual offenses.
   
   
5. Stalking or Cyberstalking Injunctions – For victims of repeated unwanted contact or harassment.
   
   

Each injunction type has specific criteria, but all require the petitioner to demonstrate that they are a victim of violence or have a reasonable fear of imminent harm.

Step 1: Filing the Petition

The process begins when someone (the petitioner) files a sworn petition in the county courthouse. This document must describe the alleged incidents of violence or threats in detail. The petitioner can attach supporting evidence such as text messages, emails, photos, or police reports.

In Leon County and surrounding areas, petitions are reviewed by a judge the same day they are filed. Judges rely solely on the written statements and evidence at this stage—there is no testimony yet.

If the judge believes the allegations show an immediate threat, they may issue a Temporary Injunction (Ex Parte Order). This order can go into effect immediately and typically lasts up to 15 days until a final hearing is held.

Step 2: Temporary Injunction (Ex Parte Order)

A temporary injunction is granted without notifying the other party. The person accused (the respondent) often learns about it when law enforcement serves them with paperwork.

Once served, the respondent must:

• Stop all contact with the petitioner
  
  
• Surrender firearms if ordered
  
  
• Comply with distance restrictions (such as staying 500 feet away)
  
  

Violating the temporary injunction—even unintentionally—can lead to arrest. This makes it critical to understand the order and contact an attorney right away.

Temporary injunctions are not findings of guilt. They are precautionary measures until a judge can hear both sides.

Step 3: Preparing for the Hearing

A final hearing must take place within 15 days of the temporary order. Both the petitioner and respondent have the right to appear, present evidence, and call witnesses.

For respondents, this is the most important stage of the process. At the hearing, the judge decides whether to dismiss the injunction or issue a Final Injunction for Protection, which can last months, years, or indefinitely.

During preparation, an experienced defense attorney will:

• Review the petition and evidence for inconsistencies or false claims
  
  
• Gather texts, emails, or videos that contradict the allegations
  
  
• Subpoena witnesses who can testify to your version of events
  
  
• Prepare you to testify confidently and clearly
  
  

Because the burden of proof is lower in civil cases (“preponderance of evidence” rather than “beyond a reasonable doubt”), a strong, well-organized defense is crucial.

Step 4: The Injunction Hearing

At the hearing, both sides present their evidence and testimony. The judge evaluates several key factors before deciding:

1. Credibility of the Parties – Judges assess demeanor, consistency, and plausibility of both the petitioner and respondent.
   
   
2. Evidence of Violence or Threats – Physical injuries, witness statements, or communications can heavily influence the decision.
   
   
3. Fear of Future Harm – The petitioner must show a reasonable fear that violence or harassment will continue.
   
   
4. Past Incidents – Prior reports or police involvement may be considered even if they didn’t lead to charges.
   
   
5. Mutual Responsibility – In some cases, both parties share responsibility; the court focuses on who was the primary aggressor.
   
   

If the judge believes the evidence supports the petitioner’s claim, they will issue a Final Injunction for Protection.

Step 5: Final Injunction for Protection

A final injunction is a court order that can impose strict limitations, including:

• No contact (direct or indirect) with the petitioner
  
  
• Staying away from certain locations
  
  
• Relinquishing firearms and concealed carry permits
  
  
• Temporary custody or visitation changes
  
  

These orders can remain in place for a specific duration or indefinitely. The respondent can later request a modification or dissolution if circumstances change.

Violating any term of a final injunction is a criminal offense, punishable by arrest, jail, and additional penalties.

How Courts Evaluate Injunction Requests

Judges in Florida use a consistent framework to determine whether an injunction is necessary:

1. Was there an act of violence, or a credible threat of violence?
   
   
2. Does the petitioner have a reasonable fear of imminent harm?
   
   
3. Is the injunction necessary to prevent future violence?
   
   

The petitioner must provide detailed, credible evidence of recent incidents. Vague claims or old events often do not meet the legal standard.

Defense attorneys like Kathleen Bogenschutz focus on exposing inconsistencies, challenging credibility, and showing that the evidence fails to establish immediate danger.

Defending Against False or Exaggerated Claims

Unfortunately, injunctions are sometimes misused as tools for revenge, leverage in divorce, or control in custody disputes. A false or exaggerated claim can destroy reputations and restrict freedom.

A strong defense may involve:

• Cross-examining the petitioner to expose contradictions
  
  
• Presenting digital evidence showing peaceful contact or lack of threat
  
  
• Demonstrating that the petitioner filed for strategic or emotional reasons
  
  
• Highlighting the absence of police reports, witnesses, or physical evidence
  
  

Kathleen Bogenschutz approaches these cases with precision and professionalism, ensuring her clients’ voices are heard and their rights protected.

Consequences of an Injunction

Many people underestimate the long-term effects of having a restraining order entered against them. A final injunction can:

• Affect child custody and visitation rights
  
  
• Restrict access to your home or property
  
  
• Result in loss of firearm rights
  
  
• Appear in background checks, harming employment and housing opportunities
  
  

That’s why it’s critical to fight unfair or unnecessary injunctions with the help of a skilled defense attorney.

Modifying or Dissolving an Injunction

If an injunction has been granted but circumstances change, you can ask the court to modify or dissolve it. For example, if the petitioner moves away or both parties agree that contact is no longer an issue, the court may agree to lift or adjust the restrictions.

Your attorney can file a motion explaining the change in circumstances and argue your case at a modification hearing.

Final Thoughts: Protecting Your Rights in an Injunction Case

The Florida injunction process moves quickly, and the outcome can have lasting effects. If you’ve been served with a restraining order, do not ignore it—seek legal help immediately.

An experienced injunction defense attorney like Kathleen Bogenschutz can help you understand the allegations, gather evidence, and present a compelling defense. Her knowledge of Florida’s injunction laws and her experience in Leon County and throughout North Florida make her an invaluable ally when your freedom and reputation are at stake.

Call Kathleen Bogenschutz today at (850) 273-8327 or fill our the contact form for a confidential consultation.

This article is for informational purposes only and does not constitute legal advice. Every case is unique. Consult a licensed Florida attorney for personalized legal guidance.

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