Understanding Restraining Orders in Florida: What You Need to Know
When your safety—or your child’s—is at risk, the law provides powerful tools to help you protect yourself. In Florida, restraining orders (also called protective orders or injunctions for protection) are legal safeguards that can be used to stop abuse, harassment, threats, and stalking before they escalate further.
I’m Attorney Gabriel J. Carrera, a family law litigator with over 18 years of courtroom experience serving Broward, Miami-Dade, and Palm Beach Counties. I help individuals—especially survivors of domestic violence—secure the protection they need through Florida’s civil injunction process. If you’re in a volatile situation, know that help is available and you are not alone.
Let’s walk through what you need to know about restraining orders, how they work, and how to file for one if you or your child are in danger.
What Is a Restraining Order?
A restraining order is a court order that limits the behavior of a person who is threatening or harming another. These orders can:
Prohibit contact via phone, text, email, or social media
Prevent physical proximity to the victim’s home, job, or child’s school
Grant temporary custody and create safe child exchange arrangements
Remove firearms from the abuser’s possession
Require the offender to complete anger management or counseling programs
These protections are not just for domestic violence victims. They can also be issued for stalking, dating violence, repeat violence, and sexual violence, depending on your circumstances.
Common Protections in Florida Restraining Orders
Here’s what a judge may include in your restraining order to keep you safe:
No Contact Orders: No in-person, phone, text, email, or social media contact.
Exclusive Use of the Residence: The abuser may be ordered to vacate the home.
Stay-Away Provisions: The offender may be ordered to stay a certain distance—usually 500 feet or more—from your home, work, school, or other protected places.
Temporary Custody and Visitation Controls: You may receive temporary custody of the children, with supervised visitation or neutral pickup locations as needed.
Firearm Surrender: The respondent may be required to surrender all firearms to law enforcement.
Therapeutic Requirements: The judge may mandate that the abuser attend parenting classes, domestic violence counseling, or anger management programs.
Each case is unique. As your attorney, I help ensure your petition includes the exact protections you need for your situation.
How to Get a Restraining Order in Florida
You do not have to navigate this process alone. While you can file for an injunction on your own, having a skilled attorney like myself can make a tremendous difference—especially when preparing your evidence and representing you at the hearing.
Here’s a basic breakdown of the process:
File a Petition
Visit your local courthouse or reach out to my office to help file the proper paperwork. You’ll need to explain why protection is necessary and include specific details of abuse or threats.
Present Evidence
Documentation helps. Bring text messages, emails, photos of injuries, police reports, and witness statements. I help clients assemble and organize this evidence for maximum impact.
Service of Process
The abuser (called the respondent) must be officially served with the petition. This is typically done by the sheriff’s office or a professional process server.
Attend the Hearing
Within 15 days, the court will hold a hearing. Both parties may present evidence and testimony. I will represent you at this hearing and argue for the full scope of protections you deserve.
How Long Do Restraining Orders Last?
Florida courts can issue different types of protective orders depending on the urgency and evidence:
Emergency Orders (EPOs): Issued by law enforcement and valid for a few days until a court hearing can be held.
Temporary Restraining Orders (TROs): Granted initially when the court sees an immediate risk, usually lasting 15 days or until the full hearing.
Final Injunctions: Issued after the hearing. These can last for months or years and are renewable.
Enforcing a Restraining Order
If the abuser violates the order, call 911 immediately. Violations are taken seriously under Florida law and may lead to arrest, jail time, contempt of court charges, and an extension of the order.
Common violations include:
- Showing up at your home or workplace
- Attempting to contact you in any way
- Failing to turn over firearms
- Refusing court-ordered counseling
- Interfering with custody or visitation terms
As your attorney, I can help you document violations and bring them to the court’s attention quickly.
Why Choose Attorney Gabriel J. Carrera?
With nearly two decades of courtroom experience, I understand what it takes to successfully obtain and enforce restraining orders in Florida courts. I know how to present strong petitions, gather compelling evidence, and make your voice heard.
Whether you’re seeking protection from a controlling spouse, an abusive ex, or someone who just won’t leave you alone—I have your back.
Take Action Now – Protect Yourself and Your Children
Your safety and peace of mind are too important to wait. If you believe you need a restraining order in Broward, Miami-Dade, or Palm Beach Counties, contact Attorney Gabriel J. Carrera today.
Call (954) 533-7593
Visit www.AttorneyThatRides.com
Fort Lauderdale Family Law Office – Serving South Florida
You don’t have to live in fear. You have legal rights, and I’m here to enforce them on your behalf!
