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What it is called in Florida
injunction for protection against domestic violence
Florida has several separate civil injunctions, each in its own statute, and they are not interchangeable. Section 741.30, Florida Statutes, is captioned "Domestic violence; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement; public records exemption." and creates "a cause of action for an injunction for protection against domestic violence" for family or household members. Section 784.046 is captioned "Action by victim of repeat violence, sexual violence, or dating violence for protective injunction; dating violence investigations, notice to victims, and reporting; pretrial release violations; public records exemption." and carries three distinct injunctions: repeat violence ("two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member"), sexual violence, and dating violence ("violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature"). Section 784.0485 is captioned "Stalking; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement." and provides that "There is created a cause of action for an injunction for protection against stalking. For the purposes of injunctions for protection against stalking under this section, the offense of stalking shall include the offense of cyberstalking." A person whose situation does not fit the family-or-household-member definition in s. 741.28(3) is not covered by s. 741.30 and would look to s. 784.046 or s. 784.0485 instead.
Does this cover me?
Who can ask for one
The relationship test lives in two places. Section 741.30(1)(e) says who may bring the action; s. 741.28(3) defines the term it uses. The closing sentence of s. 741.28(3) is the part that decides most questions: apart from people who have a child in common, the two people must be living together in the same single dwelling unit now or have lived together that way in the past. Section 741.30(1)(d) adds that "A person's right to petition for an injunction shall not be affected by such person having left a residence or household to avoid domestic violence." Section 741.30(1)(j) provides that "Notwithstanding any provision of chapter 47, a petition for an injunction for protection against domestic violence may be filed in the circuit where the petitioner currently or temporarily resides, where the respondent resides, or where the domestic violence occurred. There is no minimum requirement of residency to petition for an injunction for protection."
Fla. Stat. s. 741.30, "Domestic violence; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement; public records exemption." Definitions at Fla. Stat. s. 741.28, "Domestic violence; definitions." Violation at Fla. Stat. s. 741.31, "Violation of an injunction for protection against domestic violence." Firearms at Fla. Stat. s. 790.233, "Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking; penalties." Related injunctions at Fla. Stat. s. 784.046 and s. 784.0485. — who is covereds. 741.30(1)(e): This cause of action for an injunction may be sought by family or household members. No person shall be precluded from seeking injunctive relief pursuant to this chapter solely on the basis that such person is not a spouse. s. 741.28(3): "Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
What you have to show
Fla. Stat. s. 741.30, "Domestic violence; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement; public records exemption." Definitions at Fla. Stat. s. 741.28, "Domestic violence; definitions." Violation at Fla. Stat. s. 741.31, "Violation of an injunction for protection against domestic violence." Firearms at Fla. Stat. s. 790.233, "Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking; penalties." Related injunctions at Fla. Stat. s. 784.046 and s. 784.0485.s. 741.30(1)(a): Any person described in paragraph (e), who is either the victim of domestic violence as defined in s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, has standing in the circuit court to file a verified petition for an injunction for protection against domestic violence. s. 741.28(2): "Domestic violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. s. 741.30(3)(a): The verified petition must allege the existence of such domestic violence and must include the specific facts and circumstances upon the basis of which relief is sought. s. 741.30(6)(b): In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant factors alleged in the petition, including, but not limited to: 1. The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse. 2. Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner. 3. Whether the respondent has threatened to conceal, kidnap, or harm the petitioner's child or children. 4. Whether the respondent has intentionally injured or killed a family pet. 5. Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives. 6. Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement. 7. Whether the respondent has a criminal history involving violence or the threat of violence. 8. The existence of a verifiable order of protection issued previously or from another jurisdiction. 9. Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner. 10. Whether the respondent has or had engaged in a pattern of abusive, threatening, intimidating, or controlling behavior composed of a series of acts over a period of time, however short, which evidences a continuity of purpose and which reasonably causes the petitioner to believe that the petitioner or his or her minor child or children are in imminent danger of becoming victims of any act of domestic violence. 11. Whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence. In making its determination under this paragraph, the court is not limited to those factors enumerated in subparagraphs 1.-11.
Can I get something today?
temporary injunction ex parte — before any hearing
This is the order a court can make without the other person present. It is short by design: it holds until a hearing, and the hearing is where the longer order is decided.
The standard the court appliess. 741.30(5)(a): If it appears to the court that an immediate and present danger of domestic violence exists, the court may grant a temporary injunction ex parte, pending a full hearing, and may grant such relief as the court deems proper, including an injunction: 1. Restraining the respondent from committing any acts of domestic violence. 2. Awarding to the petitioner the temporary exclusive use and possession of the dwelling that the parties share or excluding the respondent from the residence of the petitioner. 3. On the same basis as provided in s. 61.13, providing the petitioner a temporary parenting plan, including a time-sharing schedule, which may award the petitioner up to 100 percent of the time-sharing. If temporary time-sharing is awarded to the respondent, the exchange of the child must occur at a neutral safe exchange location as provided in s. 125.01(8) or a location authorized by a supervised visitation program as defined in s. 753.01 if the court determines it is in the best interests of the child after consideration of all of the factors specified in s. 61.13(3). The temporary parenting plan remains in effect until the order expires or an order is entered by a court of competent jurisdiction in a pending or subsequent civil action or proceeding affecting the placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the minor child. 4. If the petitioner and respondent have an existing parenting plan or time-sharing schedule under another court order, designating that the exchange of the minor child or children of the parties must occur at a neutral safe exchange location as provided in s. 125.01(8) or a location authorized by a supervised visitation program as defined in s. 753.01 if the court determines it is in the best interests of the child after consideration of all of the factors specified in s. 61.13(3). 5. Awarding to the petitioner the temporary exclusive care, possession, or control of an animal that is owned, possessed, harbored, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent. The court may order the respondent to temporarily have no contact with the animal and prohibit the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal. This subparagraph does not apply to an animal owned primarily for a bona fide agricultural purpose, as defined under s. 193.461, or to a service animal, as defined under s. 413.08, if the respondent is the service animal's handler.
How long it lastss. 741.30(5)(c): Any such ex parte temporary injunction shall be effective for a fixed period not to exceed 15 days. A full hearing, as provided by this section, shall be set for a date no later than the date when the temporary injunction ceases to be effective. The court may grant a continuance of the hearing before or during a hearing for good cause shown by any party, which shall include a continuance to obtain service of process. Any injunction shall be extended if necessary to remain in full force and effect during any period of continuance.
The evidence rule at the ex parte stage is set out in s. 741.30(5)(b): "Except as provided in s. 90.204, in a hearing ex parte for the purpose of obtaining such ex parte temporary injunction, no evidence other than verified pleadings or affidavits shall be used as evidence, unless the respondent appears at the hearing or has received reasonable notice of the hearing. A denial of a petition for an ex parte injunction shall be by written order noting the legal grounds for denial. When the only ground for denial is no appearance of an immediate and present danger of domestic violence, the court shall set a full hearing on the petition for injunction with notice at the earliest possible time. Nothing herein affects a petitioner's right to promptly amend any petition, or otherwise be heard in person on any petition consistent with the Florida Rules of Civil Procedure." Section 741.30(4) provides that "Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time. The respondent shall be personally served with a copy of the petition, financial affidavit, Uniform Child Custody Jurisdiction and Enforcement Act affidavit, if any, notice of hearing, and temporary injunction, if any, prior to the hearing." The 15-day period may be extended for the length of any continuance.
The order after a hearing
How long it lasts, and whether it can be extended
The standard the court appliess. 741.30(6)(a): Upon notice and hearing, when it appears to the court that the petitioner is either the victim of domestic violence as defined by s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court may grant such relief as the court deems proper, including an injunction:
How longs. 741.30(6)(c): The terms of an injunction restraining the respondent under subparagraph (a)1. or ordering other relief for the protection of the victim under subparagraph (a)9. shall remain in effect until modified or dissolved. Either party may move at any time to modify or dissolve the injunction. No specific allegations are required. Such relief may be granted in addition to other civil or criminal remedies.
Section 741.30 sets no maximum length for a final injunction and contains no renewal or extension procedure for one. Instead, s. 741.30(6)(c) provides that the restraining terms "shall remain in effect until modified or dissolved" and that "Either party may move at any time to modify or dissolve the injunction. No specific allegations are required." Because nothing in the statute makes a final injunction expire on its own, there is no statutory renewal provision to quote. A particular judge may still write an end date into a particular injunction; the statute does not require one. Two kinds of relief are given their own end points inside the statute: a temporary parenting plan and temporary support each remain in effect "until the order expires or an order is entered by a court of competent jurisdiction" in a later proceeding on those subjects, under s. 741.30(6)(a)3. and 5.
What the judge can actually order
Wider than most people expect. In most states this list reaches the home, the children and money, not just distance.
The statutory list
Fla. Stat. s. 741.30, "Domestic violence; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement; public records exemption." Definitions at Fla. Stat. s. 741.28, "Domestic violence; definitions." Violation at Fla. Stat. s. 741.31, "Violation of an injunction for protection against domestic violence." Firearms at Fla. Stat. s. 790.233, "Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking; penalties." Related injunctions at Fla. Stat. s. 784.046 and s. 784.0485. — remediess. 741.30(6)(a): Upon notice and hearing, when it appears to the court that the petitioner is either the victim of domestic violence as defined by s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court may grant such relief as the court deems proper, including an injunction: 1. Restraining the respondent from committing any acts of domestic violence. 2. Awarding to the petitioner the exclusive use and possession of the dwelling that the parties share or excluding the respondent from the residence of the petitioner. 3. On the same basis as provided in chapter 61, providing the petitioner with 100 percent of the time-sharing in a temporary parenting plan that remains in effect until the order expires or an order is entered by a court of competent jurisdiction in a pending or subsequent civil action or proceeding affecting the placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the minor child. 4. If the petitioner and respondent have an existing parenting plan or time-sharing schedule under another court order, designating that the exchange of the minor child or children of the parties must occur at a neutral safe exchange location as provided in s. 125.01(8) or a location authorized by a supervised visitation program as defined in s. 753.01 if the court determines it is in the best interests of the child after consideration of all of the factors specified in s. 61.13(3). 5. On the same basis as provided in chapter 61, establishing temporary support for a minor child or children or the petitioner. An order of temporary support remains in effect until the order expires or an order is entered by a court of competent jurisdiction in a pending or subsequent civil action or proceeding affecting child support. 6. Ordering the respondent to participate in treatment, intervention, or counseling services to be paid for by the respondent. When the court orders the respondent to participate in a batterers' intervention program, the court, or any entity designated by the court, must provide the respondent with a list of batterers' intervention programs from which the respondent must choose a program in which to participate. 7. Referring a petitioner to a certified domestic violence center. The court must provide the petitioner with a list of certified domestic violence centers in the circuit which the petitioner may contact. 8. Awarding to the petitioner the exclusive care, possession, or control of an animal that is owned, possessed, harbored, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent. The court may order the respondent to have no contact with the animal and prohibit the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal. This subparagraph does not apply to an animal owned primarily for a bona fide agricultural purpose, as defined under s. 193.461, or to a service animal, as defined under s. 413.08, if the respondent is the service animal's handler. 9. Ordering such other relief as the court deems necessary for the protection of a victim of domestic violence, including injunctions or directives to law enforcement agencies, as provided in this section.
Firearms
What Florida’s own law says
The state firearm and ammunition ban is written to attach to a final injunction, not to the 15-day temporary one. Section 790.233(1) applies to a person who "has been issued a final injunction that is currently in force and effect," and s. 741.30(6)(g) requires the final judgment to carry that warning on its face. Section 741.30 itself contains no provision requiring a respondent to surrender firearms or ammunition, and no deadline or procedure for surrender. The only surrender language in these statutes is in s. 741.31(4)(a)8., which makes it a first-degree misdemeanor to refuse "to surrender firearms or ammunition if ordered to do so by the court" — that is, it assumes a court order made under the general relief power in s. 741.30(6)(a)9. rather than creating a surrender requirement of its own. Section 790.233(3) exempts certified state and local officers possessing a firearm or ammunition for official duties unless their employing agency prohibits it. Separate federal law may also apply to a person subject to a qualifying order; that is not addressed in these Florida sections.
Fla. Stat. s. 741.30, "Domestic violence; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement; public records exemption." Definitions at Fla. Stat. s. 741.28, "Domestic violence; definitions." Violation at Fla. Stat. s. 741.31, "Violation of an injunction for protection against domestic violence." Firearms at Fla. Stat. s. 790.233, "Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking; penalties." Related injunctions at Fla. Stat. s. 784.046 and s. 784.0485. — firearmss. 741.30(6)(g): A final judgment on injunction for protection against domestic violence entered under this section must, on its face, indicate that it is a violation of s. 790.233, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession, or control any firearm or ammunition. s. 790.233: Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking; penalties.—(1) A person may not have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence, as issued under s. 741.30 or from committing acts of stalking or cyberstalking, as issued under s. 784.0485.(2) A person who violates subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(3) It is the intent of the Legislature that the disabilities regarding possession of firearms and ammunition are consistent with federal law. Accordingly, this section does not apply to a state or local officer as defined in s. 943.10(14), holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer's employing agency, unless otherwise prohibited by the employing agency. s. 741.31(4)(b)1.: It is a violation of s. 790.233, and a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for a person to violate a final injunction for protection against domestic violence by having in his or her care, custody, possession, or control any firearm or ammunition. s. 741.31(4)(a)8.: Refusing to surrender firearms or ammunition if ordered to do so by the court
What it costs
Fees
Florida's own statute forbids charging a filing fee for a petition for protection against domestic violence and forbids requiring a bond. The costs are handled on the other side of the counter: the clerk may seek $40 per petition in reimbursement from the Justice Administrative Commission and must pay the serving law enforcement agency out of that reimbursement, capped at $20. Nothing in s. 741.30 authorizes charging the petitioner for service of the injunction.
Fla. Stat. s. 741.30, "Domestic violence; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement; public records exemption." Definitions at Fla. Stat. s. 741.28, "Domestic violence; definitions." Violation at Fla. Stat. s. 741.31, "Violation of an injunction for protection against domestic violence." Firearms at Fla. Stat. s. 790.233, "Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking; penalties." Related injunctions at Fla. Stat. s. 784.046 and s. 784.0485. — feess. 741.30(2)(a): Notwithstanding any other law, the assessment of a filing fee for a petition for protection against domestic violence is prohibited. However, subject to legislative appropriation, the clerk of the circuit court may, on a quarterly basis, submit to the Justice Administrative Commission a certified request for reimbursement for petitions for protection against domestic violence issued by the court, at the rate of $40 per petition. The request for reimbursement must be submitted in the form and manner prescribed by the Justice Administrative Commission. From this reimbursement, the clerk shall pay any law enforcement agency serving the injunction the fee requested by the law enforcement agency; however, this fee may not exceed $20. s. 741.30(2)(b): No bond shall be required by the court for the entry of an injunction.
If they break it
What a violation is, and what it carries
Fla. Stat. s. 741.30, "Domestic violence; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement; public records exemption." Definitions at Fla. Stat. s. 741.28, "Domestic violence; definitions." Violation at Fla. Stat. s. 741.31, "Violation of an injunction for protection against domestic violence." Firearms at Fla. Stat. s. 790.233, "Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking; penalties." Related injunctions at Fla. Stat. s. 784.046 and s. 784.0485. — violations. 741.31(4)(a): A person who willfully violates an injunction for protection against domestic violence issued pursuant to s. 741.30, or a foreign protection order accorded full faith and credit pursuant to s. 741.315, by: 1. Refusing to vacate the dwelling that the parties share; 2. Going to, or being within 500 feet of, the petitioner's residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member; 3. Committing an act of domestic violence against the petitioner; 4. Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner; 5. Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party; 6. Knowingly and intentionally coming within 100 feet of the petitioner's motor vehicle, whether or not that vehicle is occupied; 7. Defacing or destroying the petitioner's personal property, including the petitioner's motor vehicle; or 8. Refusing to surrender firearms or ammunition if ordered to do so by the court commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, except as provided in paragraph (c). s. 741.31(4)(c): A person who has one or more prior convictions for a crime of domestic violence or violation of an injunction or foreign protection order, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 or s. 775.084. For purposes of this paragraph, the term "conviction" means a determination of guilt which is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered. s. 741.30(9)(a): The court may enforce a violation of an injunction for protection against domestic violence through a civil or criminal contempt proceeding, or the state attorney may prosecute it as a criminal violation under s. 741.31. The court may enforce the respondent's compliance with the injunction through any appropriate civil and criminal remedies, including, but not limited to, a monetary assessment or a fine. The clerk of the court shall collect and receive such assessments or fines. On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph to the State Treasury for deposit in the Domestic Violence Trust Fund established in s. 741.01. s. 741.30(9)(b): If the respondent is arrested by a law enforcement officer under s. 901.15(6) or for a violation of s. 741.31, the respondent shall be held in custody until brought before the court as expeditiously as possible for the purpose of enforcing the injunction and for admittance to bail in accordance with chapter 903 and the applicable rules of criminal procedure, pending a hearing.
Worth knowing about Florida
Five different injunctions, one of them narrower than people expect. Section 741.30 is only for "family or household member[s]" as s. 741.28(3) defines that term, and that definition closes with the sentence that decides most cases: "With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit." A dating partner who never shared a home with the respondent and shares no child with the respondent does not fit s. 741.30. Florida puts that situation in the dating violence injunction under s. 784.046, which also carries the repeat violence and sexual violence injunctions; stalking and cyberstalking have their own injunction under s. 784.0485.
A final domestic violence injunction in Florida does not expire on its own. Section 741.30(6)(c) says the restraining terms "shall remain in effect until modified or dissolved," and adds that "Either party may move at any time to modify or dissolve the injunction. No specific allegations are required." There is no statutory maximum term and no renewal step. Summaries that report a fixed number of years for Florida are describing what an individual judge may have written into an individual order, not what the statute says.
The firearm ban follows the final injunction only. Section 790.233(1) reaches a person who "has been issued a final injunction that is currently in force and effect," and s. 741.30(6)(g) requires the final judgment to say so on its face. Section 741.30 does not require surrender of firearms, and sets no surrender deadline; the only surrender language is s. 741.31(4)(a)8., which punishes "Refusing to surrender firearms or ammunition if ordered to do so by the court."
The felony trigger for repeat violations has changed and many summaries are behind it. As the Legislature currently prints s. 741.31(4)(c), it begins: "A person who has one or more prior convictions for a crime of domestic violence or violation of an injunction or foreign protection order, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits a felony of the third degree." The 2025 published edition of the same paragraph read "two or more prior convictions for violation of an injunction or foreign protection order."
There is no filing fee and no bond. Section 741.30(2)(a) states flatly that "the assessment of a filing fee for a petition for protection against domestic violence is prohibited," and s. 741.30(2)(b) that "No bond shall be required by the court for the entry of an injunction." Section 741.30(1)(f) adds that the action "shall not require that either party be represented by an attorney," and s. 741.30(1)(j) that "There is no minimum requirement of residency to petition for an injunction for protection."
Mutual orders are forbidden. Section 741.30(1)(i): "The court is prohibited from issuing mutual orders of protection. This does not preclude the court from issuing separate injunctions for protection against domestic violence where each party has complied with the provisions of this section. Compliance with the provisions of this section cannot be waived." Section 741.30(6)(f) adds that "The fact that a separate order of protection is granted to each opposing party is not legally sufficient to deny any remedy to either party or to prove that the parties are equally at fault or equally endangered."
A denial at the ex parte stage is not the end. Section 741.30(5)(b): "A denial of a petition for an ex parte injunction shall be by written order noting the legal grounds for denial. When the only ground for denial is no appearance of an immediate and present danger of domestic violence, the court shall set a full hearing on the petition for injunction with notice at the earliest possible time."
The petition is signed under penalty of perjury. Section 741.30(3)(c) requires, directly above the signature line, in capitals and bold: "UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTIES OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525, FLORIDA STATUTES."
What Florida changed in 2026 — and the firearms point almost everyone gets wrong
Section 741.30 has been amended five times since 2024, most recently by chapter 2026-86 (CS/CS/HB 277), effective 1 July 2026. That last one expanded the list of things a judge must weigh, and it is new enough that most Florida guidance has not caught up.
Florida does not require firearm surrender — and that surprises people
We looked for a surrender provision in § 741.30 and there is none. The word does not appear in the section. There is no deadline, no receipt requirement, no exemption process. The entire firearms content of § 741.30 is a labeling requirement, at subsection (6)(g):
“A final judgment on injunction for protection against domestic violence entered under this section must, on its face, indicate that it is a violation of s. 790.233, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession, or control any firearm or ammunition.”
So the prohibition is real — it lives in § 790.233, and breaching it is a first degree misdemeanor — but Florida gives the court no machinery to make it happen. Nobody is required to hand anything over, and nobody checks. Compare Illinois, which now issues search warrants, or California, which requires a receipt filed in two places within 48 hours.
What that means for you, practically: if firearms are a concern in Florida, the order alone will not move them. Tell the officers what exists and where. And note that the federal prohibition at 18 U.S.C. § 922(g)(8) may attach independently once you have a final injunction made after a hearing.
The eleven factors, as expanded on 1 July 2026
Section 741.30(6)(b) tells the judge what to weigh in deciding whether you have “reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.” Two of the eleven were widened by chapter 2026-86. The additions are shown in bold:
“4. Whether the respondent has intentionally injured or killed or threatened to injure or kill a family pet, including a service animal as defined in s. 413.08(1) or an emotional support animal as defined in s. 760.27(1).”
“8. The existence of a verifiable order of protection issued previously or from another jurisdiction, including a military protective order.”
The first is the significant one. Until 1 July 2026 a Florida judge weighing this factor was looking only at an animal already harmed. A threat now counts — which matters, because threatening a pet is a classic method of control that rarely gets carried out and, until this year, therefore rarely got weighed. Service animals and emotional support animals are named for the first time.
The other nine factors cover the history between you including threats, harassment, stalking and physical abuse; attempts to harm you or people close to you; threats to conceal, kidnap or harm your children; use or threatened use of weapons; physical restraint from leaving or from calling law enforcement; a criminal history involving violence; destruction of personal property “including, but not limited to, telephones or other communications equipment”; a “pattern of abusive, threatening, intimidating, or controlling behavior composed of a series of acts over a period of time, however short”; and a catch-all. The list closes by saying the court “is not limited to those factors enumerated.”
Factor 10 deserves a note of its own: “however short” forecloses the argument that a pattern needs years to establish. And factor 9 is why you should photograph a smashed phone.
An asymmetry worth knowing if you are filing a stalking injunction instead
The expanded pet factor exists only in § 741.30, the domestic violence injunction statute. Florida’s stalking injunction statute, § 784.0485, still lists on its petition form only “Intentionally injured or killed a family pet” — no threats, no service or support animals. And that list is a petition checklist, not a set of factors the court must consider; § 784.0485 has no counterpart to § 741.30(6)(b), and § 784.046 (repeat violence, dating violence, sexual violence) has no factors list at all.
How long a Florida injunction lasts — § 741.30(6)(c)
“The terms of an injunction restraining the respondent under subparagraph (a)1. or ordering other relief for the protection of the victim under subparagraph (a)9. shall remain in effect until modified or dissolved. Either party may move at any time to modify or dissolve the injunction. No specific allegations are required.”
Indefinite by default. Florida is unusual and generous here: your final injunction does not expire unless a court ends it. None of the five amendments since 2024 changed this.
The flip side is in the same sentence. Either party may move at any time, and “no specific allegations are required” to file such a motion. There is no waiting period as in Colorado and no once-a-year limit as in Washington. The threshold to ask is low; what protects you is what happens at the hearing, not a filing barrier.
▸ See how this compares — all 50 states, side by side
The part that is the same in every state
An order from one state works in all of them
This is federal law and it does not change at a state line. An order issued by one state, tribe or territory must be enforced by every other as if that state had issued it. And you do not have to register it in the new state first — registration is optional, not a precondition to enforcement.
18 U.S.C. s. 2265(a)Any protection order issued that is consistent with subsection (b) of this section by the court of one State, Indian tribe, or territory (the issuing State, Indian tribe, or territory) shall be accorded full faith and credit by the court of another State, Indian tribe, or territory (the enforcing State, Indian tribe, or territory) and enforced by the court and law enforcement personnel of the other State, Indian tribal government or Territory as if it were the order of the enforcing State or tribe.
18 U.S.C. s. 2265(d)(2)Any protection order that is otherwise consistent with this section shall be accorded full faith and credit, notwithstanding failure to comply with any requirement that the order be registered or filed in the enforcing State, tribal, or territorial jurisdiction.
The same section also says the enforcing state must not tell the restrained person that the order has been registered there unless the protected person asks it to, and must not publish anything online that would be likely to reveal the protected person’s identity or location.
The federal firearms rule needs a hearing first
This is the single most misunderstood point in the whole subject, and it cuts against what most people assume. The federal prohibition at 18 U.S.C. s. 922(g)(8) reaches a person subject to an order only where three things are true: the order was made after a hearing of which they had actual notice and at which they had a chance to take part; it restrains them in relation to an intimate partner or that partner’s child; and it either carries a credible-threat finding or expressly forbids the use of force.
So an emergency or ex parte order does not trigger the federal prohibition on its own — there has been no hearing yet. State law may go further, and many states do, which is why the state rule is set out on this page separately. In United States v. Rahimi (2024) the Supreme Court upheld s. 922(g)(8), holding that “When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment.”
This rule is narrower than it looks, and the detail matters. Who counts as an “intimate partner” is a defined term that excludes dating partners you never lived with; the two halves of the third condition are not equally settled after Rahimi; and there is a separate federal route based on convictions rather than orders, which does reach dating partners. We set all of it out, quoted from the United States Code, on one page: Guns and protection orders — the federal rule.
How does this state compare? Ten states do nothing at all about firearms on a protection order; fourteen prohibit possession but give the court no way to collect them. All fifty side by side: which states actually take the guns.
You should not be charged for this — in any state
This is settled, and it is worth knowing before you walk into a courthouse. Under 34 U.S.C. s. 10450, a state applying for STOP grant funding must certify to the Attorney General that its "laws, policies, and practices do not require" a victim to bear the costs associated with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal or service of a protection order or a petition for one — nor the costs of filing criminal charges, or of warrants and witness subpoenas. A jurisdiction that does charge has its funds withheld and redistributed to the states that do not.
Every state receives STOP funding and every state has certified compliance. The practical consequence, in the words of the National Center on Protection Orders and Full Faith & Credit, is that victims "should not be required to pay such costs in any state". That covers having the papers served on the other person, which is the charge people are most often asked for.
Two honest qualifications. The provision does not stop a court charging the respondent — many states order costs against them, and that is permitted. And it is a funding condition rather than a direct federal ban, so what a clerk does on a given day can still be wrong. If you are asked to pay a fee for any of the things listed above, you can say that your state has certified under 34 U.S.C. s. 10450 that it does not charge for them. Advocates can also raise it with the National Center on Protection Orders and Full Faith & Credit on 1-800-903-0111, prompt 2.
Where this state’s own statute says so expressly, that is quoted above.
Checked 29 August 2026How we checked this page
Every quotation on this page was read in the source named in the Authority line above, not taken from a summary or another website. On this date we also re-checked every section cited for repeal, renumbering or amendment since 2024 — the sweep that caught North Dakota’s chapter being repealed and replaced, and Nebraska’s moving to an entirely new title.
One thing we could not do, and we would rather say so:
- Two official Florida statute addresses were broken, not blocked — the Florida Senate’s combined 2025 Chapter 790 page returned a server error on two attempts, and the Florida House’s own index address for s. 790.233 returned a 404. We read s. 790.233 instead on the Legislature’s Online Sunshine site. No bot protection or challenge page was encountered anywhere on this state, and nothing on this page rests on a source we could not open.
What we cannot promise is that nothing has changed since this date. Quote the words with confidence; check a section number before you put it in a filing. And if anything here does not match what a clerk or judge tells you, the court is right and we are wrong — tell us and we will fix it.
We keep a public record of every time we have got the law wrong on these pages, what caused it, and how long it was live: where we were wrong.
If there are children
What Florida presumes about custody, and the emergency jurisdiction that exists when someone has to leave the state.
Know someone in Florida staring at this number?
A straight answer about money is more useful than most advice, and it costs nothing to pass along. Nothing here asks for their real name, and nobody finds out they looked.