How Long Does an Injunction Last in Florida?

Understanding the Duration and Impact of Florida Injunctions

An injunction, also called a restraining order, is a court order that prohibits one person from contacting or coming near another person. In Florida, injunctions are often issued in cases involving domestic violence, stalking, harassment, or other threats of harm. While an injunction provides legal protection, it can also carry serious consequences for the person against whom it is issued. One of the most common questions we hear is: How long does an injunction last in Florida? The answer depends on the type of injunction issued, the circumstances of the case, and whether the court extends or dismisses it.

Types of Injunctions in Florida and Their Duration

Under Florida Statutes § 741.30, courts can issue different types of injunctions, each with its own legal requirements and duration. Injunctions can be either temporary or final, and the length of time they remain in effect depends on the specific order issued by the judge.

Temporary Injunctions

When someone files for an injunction, the court may grant a temporary injunction if there is evidence of immediate danger. A temporary injunction is usually granted without a hearing and remains in effect for up to 15 days. This is intended to provide short-term protection until the court can hold a full hearing to determine whether a final injunction should be issued.

Final Injunctions

If a judge grants a final injunction after a hearing, the duration will vary based on the case. Some injunctions have an expiration date, while others remain in effect indefinitely until the court modifies or lifts them.

Different Types of Injunctions and Their Legal Impact

Florida law allows for several types of injunctions, each designed for specific situations. The duration of an injunction depends on the type and the circumstances of the case.

1. Domestic Violence Injunctions (Florida Statutes § 741.30)

• Designed to protect individuals from physical violence, threats, or harassment by a family member, spouse, or someone they live with.
• Temporary orders last up to 15 days until a court hearing is held.
• A final injunction may be issued for a set period or indefinitely, depending on the severity of the case.

2. Repeat Violence Injunctions (Florida Statutes § 784.046)

• Used when there have been at least two incidents of violence or threats, with at least one occurring within the past six months.
• Temporary injunctions last up to 15 days until a hearing.
• A final injunction may last for a set number of years or permanently, depending on the circumstances.

3. Dating Violence Injunctions (Florida Statutes § 784.046)

• Designed to protect individuals who have been in a romantic or intimate relationship with the accused.
• Temporary injunctions last up to 15 days before a hearing.
• A final injunction can last for a set period or indefinitely, based on the judge’s decision.

4. Sexual Violence Injunctions (Florida Statutes § 784.046)

• Protects victims of sexual assault, sexual battery, or other sex crimes.
• A temporary order remains in effect for up to 15 days until a court hearing is held.
• A final injunction can be issued for a set number of years or permanently.

5. Stalking/Cyberstalking Injunctions (Florida Statutes § 784.0485)

• Protects victims of stalking, cyberstalking, and harassment.
• A temporary injunction lasts 15 days before a hearing is held.
• A final injunction may last for a set period or indefinitely, depending on the risk to the victim.

How to Modify or Remove an Injunction in Florida

If you have been issued an injunction, it may be possible to have it modified or removed under certain circumstances. Under Florida Statutes § 741.30(6)(c), a person subject to an injunction can request that the court terminate or modify the order.

1. Motion to Modify or Dissolve the Injunction

A motion to modify or dissolve an injunction must be filed in the same court where the injunction was issued. The judge will consider:

• Whether the threat or danger still exists.
• Whether both parties agree to modification.
• Whether the injunction was issued under false or misleading claims.

2. Expiration of an Injunction

If an injunction was issued for a specific time period, it will expire automatically unless the petitioner requests an extension. If an extension is sought, the court may grant another hearing to determine whether the injunction should remain in effect.

What Happens If You Violate an Injunction in Florida?

Violating an injunction carries serious legal consequences. Under Florida Statutes § 741.31, a person who willfully violates an injunction can face:

• First-degree misdemeanor charges (punishable by up to one year in jail and a $1,000 fine).
• Additional penalties, including probation or mandatory counseling.
• Possible felony charges if the violation involves repeated offenses or violence.

A violation can include:

• Failing to stay away from the petitioner.
• Contacting the petitioner directly or indirectly.
• Possessing a firearm while subject to an injunction.

If you’ve been accused of violating an injunction, immediate legal action is critical to avoid criminal charges.

Florida Injuction / Restraining Order FAQs

How long does a temporary injunction last in Florida?
A temporary injunction typically lasts for 15 days. After that, a court hearing is held to determine whether a final injunction should be issued.

Can an injunction last forever in Florida?
Some injunctions are issued indefinitely, meaning they remain in place until the court lifts them. Others have expiration dates and automatically end unless extended.

Can I request to have an injunction removed?
Yes. You can file a motion to modify or dissolve the injunction with the court that issued it. The judge will review whether the injunction is still necessary.

What happens if I violate an injunction?
Violating an injunction is a criminal offense and can lead to jail time, fines, and additional charges. The penalties depend on the nature of the violation.

Do injunctions show up on background checks in Florida?
Yes. Injunctions are part of public records and may appear on background checks, which can affect employment, housing, and firearm ownership.

Does an injunction affect my right to own a firearm in Florida?
Yes. If an injunction is issued against you, you cannot possess or purchase a firearm while the injunction is in effect.

What is the difference between a domestic violence injunction and a stalking injunction?
A domestic violence injunction applies to family or household members, while a stalking injunction applies to repeated harassment or cyberstalking from anyone.

Can a petitioner cancel an injunction in Florida?
Yes. The person who requested the injunction can file a motion to dismiss it, but the court has the final decision on whether to remove it.

What should I do if I’m falsely accused of violating an injunction?
You should contact a criminal defense lawyer immediately to challenge the accusation and avoid criminal penalties.

Will an injunction affect my job?
It can. Some employers may terminate or refuse to hire someone who has an injunction against them, especially in professions requiring background checks.

Call Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.