By Leisa Wintz, Esq. · Family Matters Law Group, P.A.

What Counts as Domestic Violence in Florida?

Florida law defines domestic violence broadly — it includes assault, battery, sexual assault, stalking, kidnapping, and any criminal offense resulting in physical injury or death of one family or household member by another. Domestic violence remains a serious and common problem: national data suggests roughly 1 in 4 women and 1 in 7 men will experience physical violence by an intimate partner at some point in their lifetime.

What Is a Domestic Violence Injunction?

A domestic violence injunction — commonly called a restraining order — is a civil court order (not a criminal charge) directing one person to stay away from another. It’s a legal safeguard, separate from any criminal case that may also arise from the same conduct.

How to File for an Injunction

The process starts at your local courthouse:

• File a petition describing the incidents that support your request in clear, specific detail.
• A judge reviews it immediately and, based on the initial allegations, may issue a temporary injunction that takes effect right away, before the other party is even heard.
• A return hearing is then scheduled — typically brief, around 15 minutes for self-represented parties, though retaining an attorney can allow for a more thorough hearing.

What Happens After the Hearing

At the return hearing, the judge decides whether to extend the injunction, for how long, and on what terms. Because Florida uses a unified family court system, if a divorce or custody case is later filed involving the same parties, the injunction matter may be reassigned to that same family court judge — which can affect strategy, so it’s worth discussing with an attorney early.

Violating an Injunction Is a Crime

An injunction itself is civil, but violating one is a criminal offense. If the protected party reports a violation, the violating party can face arrest and criminal prosecution separate from the underlying civil injunction case.

How Domestic Violence Affects Family Law Cases

A history of domestic violence is one of the statutory factors Florida courts must consider in custody and timesharing decisions, and it can also affect whether mediation is required (mediation may be waived or handled differently when there’s a documented history of abuse).

Get Help

Given the stakes — for safety and for how it affects any related custody or divorce case — this is an area where combining legal expertise with a trauma-informed approach matters. Family Matters Law Group, P.A. can help you understand your options and build a strategic path forward. Schedule a consultation to discuss your situation confidentially.