If you’re planning a divorce while also dealing with abuse, you’re not just ending a marriage — you’re trying to get safe. That changes everything about how the case should be handled, and Florida law recognizes that. Courts don’t treat a domestic violence divorce the same way they treat a standard one, and knowing what protections actually exist can change the outcome for you and your children. Working with a professional in family law from the start helps ensure your case is handled strategically and safely.
What Counts as Domestic Violence Under Florida Law?
Florida law (Section 741.28, Florida Statutes) defines domestic violence broadly — it isn’t limited to physical hitting. It includes:
- Assault or battery
- Sexual assault or sexual battery
- Stalking or cyberstalking
- False imprisonment
- Kidnapping
- Any criminal offense resulting in physical injury or death to a family or household member
“Family or household member” covers spouses, former spouses, people related by blood or marriage, people who currently live together or have lived together as a family, and people who share a child in common — regardless of marital status. This matters because it determines which type of protective order applies to your situation.
The Five Types of Protective Orders Florida Courts Can Issue
Most people searching for help assume there’s just one kind of “restraining order.” In Florida, there are actually five distinct injunctions, each governed by a different statute:
| Injunction Type | Governing Statute | Who It Covers |
|---|---|---|
| Domestic Violence | § 741.30 | Spouses, former spouses, relatives, cohabitants, co-parents |
| Repeat Violence | § 784.046 | Two incidents of violence/stalking, one within the last 6 months, between people not covered by domestic violence (e.g., neighbors, coworkers) |
| Dating Violence | § 784.046 | Current or former romantic partners |
| Sexual Violence | § 784.046 | One incident of sexual battery or lewd/lascivious conduct |
| Stalking | § 784.0485 | Repeated harassment or cyberstalking |
A detail worth knowing: there is no filing fee to petition for any of these five injunctions in Florida. Cost should never be the reason someone delays seeking protection.
How to File for an Injunction for Protection
You don’t need a pending or finalized divorce to request an injunction — many people file for one before, during, or independently of a divorce case. While some couples initially consider an uncontested divorce, cases involving domestic violence often require a more structured legal approach to protect everyone’s safety. The general process:
- Go to the clerk of court in your county and request the petition forms (or ask a victim advocate to help you complete them)
- Describe the incidents of abuse in detail, including dates and any evidence
- A judge reviews the petition, often the same day
- If there’s an immediate danger, the judge can grant a temporary injunction within 24–48 hours, without the other party present
- A full hearing is then scheduled, typically within about two weeks, where both sides can appear before a final injunction is decided
Violating an injunction is a criminal offense in Florida, not just a civil matter — that’s part of what gives these orders real teeth.
Can You File for Divorce and an Injunction at the Same Time?
Yes. Florida is a no-fault divorce state — you only need to state the marriage is irretrievably broken, not prove abuse caused it. But that no-fault standard applies to getting the divorce, not to how the court handles custody, support, or property once abuse is part of the picture. Many attorneys recommend filing both petitions together, since the injunction can establish immediate protections — like exclusive use of the home or no-contact terms — while the divorce case works through property, alimony, and parenting arrangements.
How Domestic Violence Affects Child Custody (Time-Sharing)
Florida law starts from a presumption that both parents share parental responsibility — but that presumption changes when abuse is documented. Under Section 61.13, Florida Statutes:
- Courts must consider evidence of domestic violence or child abuse when deciding whether shared parental responsibility would harm the child — regardless of whether there was ever a criminal conviction
- If a parent has been convicted of a misdemeanor or higher offense involving domestic violence, the law creates a rebuttable presumption that shared responsibility would be detrimental to the child
- If that presumption isn’t overcome, the convicted parent cannot be granted shared responsibility or time-sharing — though they remain financially responsible for child support
In practice, this can mean sole parental responsibility for the protective parent, supervised visitation, or in serious cases, no visitation at all. For a broader look at how judges weigh these decisions, see our guide on Florida child custody laws. If you’re dealing with custody concerns tied to abuse, working with a child custody attorney can help you build a case focused on your child’s safety.
How Domestic Violence Affects Alimony and Property Division
Since 2023, Florida eliminated permanent alimony for most new cases. Courts may now award temporary, bridge-the-gap, rehabilitative, or durational alimony, based on need and ability to pay. Abuse isn’t a separate line item in the statute, but it factors in indirectly and sometimes directly:
- Courts weigh each spouse’s earning capacity and financial resources — if abuse limited a victim’s ability to work or build a career, that’s relevant to need
- Judges may consider adultery and its financial impact when relevant
- If a spouse can show the other intentionally dissipated marital assets — for example, spending down joint accounts out of control or retaliation — that can shift how property is divided
If safety requires it, a victim can also request exclusive, temporary use of the marital home as part of the injunction or a temporary hearing in the divorce case, separate from how the home is ultimately divided. For a fuller breakdown of how assets are split, see our page on property division, or for support-specific questions, alimony covers how need and ability to pay are evaluated.
Steps to Take If You're Facing Domestic Violence
- Get to safety first. Call 911 if you’re in immediate danger.
- Call the Florida Domestic Violence Hotline at 1-800-500-1119 (available 24/7, English, Spanish, and Creole) or the National Domestic Violence Hotline at 1-800-799-7233.
- Document everything — photos of injuries, threatening messages, police reports, medical records.
- File for an injunction if you need immediate legal protection.
- Talk to a family law attorney before making major decisions about the home, finances, or children.
- Avoid rushing into a faster filing option without first understanding how documented abuse could affect your custody or support outcome — a contested divorce process may better protect your interests.
What If the Abuse Involves a Military Family?
Florida’s large military population adds another layer. Military protective orders can run alongside civilian injunctions, and deployment schedules can complicate both jurisdiction and parenting plans. If this applies to you, it’s worth speaking with a military divorce attorney to ensure compliance with both state and federal rules.
Frequently Asked Questions
No. There is no filing fee for a petition for an injunction for protection against domestic, repeat, dating, or sexual violence, or stalking.
Yes. A temporary injunction can be issued the same day, often without prior notice to the other party, when there's an immediate danger.
Not automatically — but a qualifying conviction creates a legal presumption against shared responsibility for that parent, which they must actively overcome in court.
For most cases filed after the 2023 law change, no — alimony now comes in the form of temporary, bridge-the-gap, rehabilitative, or durational awards instead.
Courts generally recognize that direct mediation may not be safe or appropriate in these cases; alternative arrangements can be requested. Learn more about how mediation works in Florida family law cases.
You Don't Have to Navigate This Alone
Documented abuse changes the legal strategy for a divorce — for custody, for support, and for your safety. Acting early and with the right guidance protects both your rights and your peace of mind.
This article is for informational purposes only and does not constitute legal advice.