How Long Does a Domestic Violence Injunction Last in Florida?
A domestic violence injunction in Florida may last for a limited period of time or remain in effect until the court modifies or dissolves it. How long an injunction lasts depends on the type of injunction entered, the terms of the court's order, and the circumstances of the case.
Understanding the difference between a temporary and final injunction—and what happens if circumstances later change—is important for both petitioners and respondents.
How Long Does a Temporary Domestic Violence Injunction Last?
A temporary domestic violence injunction, sometimes called an ex parte injunction, is designed to provide protection before the court can conduct a full hearing.
If a temporary injunction is granted, Florida law generally requires a full hearing to be scheduled no later than 15 days after the injunction is issued, although a hearing may be continued under certain circumstances.
At the final hearing, both parties have an opportunity to present testimony and evidence. The judge then determines whether a final injunction should be entered.
For a more complete explanation of this process, see How Do Domestic Violence Injunctions Work in Florida?
How Long Does a Final Domestic Violence Injunction Last?
If the court grants a final injunction for protection against domestic violence, the judge determines its duration.
A final injunction may:
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remain in effect for a specific period of time, or
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continue until it is modified or dissolved by a later court order.
There is no single duration that applies to every domestic violence injunction.
The court considers the evidence and circumstances of the particular case when determining what protection is appropriate.
Can a Domestic Violence Injunction Be Extended?
Depending on the terms of the existing injunction and the circumstances, a petitioner may ask the court to extend an injunction that is scheduled to expire.
It is important not to wait until after an injunction expires to seek legal advice about an extension. If you believe continued protection is necessary, an attorney can help you understand when and how to ask the court for additional relief.
Can a Domestic Violence Injunction Be Modified?
Yes. Either party may ask the court to modify the terms of an existing injunction.
For example, circumstances involving contact, children, residences, or other provisions of the order may change over time.
However, neither party should simply decide that a provision of the injunction no longer needs to be followed. The injunction remains a court order unless and until the court changes it.
Can a Domestic Violence Injunction Be Dismissed or Dissolved?
A party may ask the court to dissolve an injunction. Whether the request is granted depends on the circumstances and the court's determination.
This is particularly important when the parties reconcile.
Even if the petitioner and respondent agree that they want contact with each other, their private agreement does not automatically change the injunction. Violating an existing court order can have serious consequences.
The proper course is to seek modification or dissolution through the court.
What If the Other Person Wants to Contact Me Again?
This can create considerable confusion.
If an injunction prohibits contact, the respondent should not assume that contact is permitted simply because the petitioner initiates it, responds to a message, or says that contact is acceptable.
The terms of the court order remain controlling until the court modifies or dissolves them.
If circumstances have changed, speak with an attorney about seeking the appropriate court modification rather than risking a violation.
What Happens When an Injunction Expires?
When an injunction with a specific expiration date reaches the end of its term without being extended, the protections contained in that injunction generally end.
However, an expired injunction does not erase the history of the case. It may remain relevant in future family law or other legal proceedings depending on the circumstances.
Get Help With an Existing Florida Domestic Violence Injunction
An injunction can affect contact between family members, parenting arrangements, housing, firearms, and other important areas of life. Questions about extending, modifying, or dissolving an injunction should therefore be addressed carefully.
At Kimberly Kuhn Law, we help clients understand their rights and responsibilities under Florida injunctions and determine the appropriate next legal step.
If you have questions about extending, modifying, or dissolving a domestic violence injunction, contact our office to discuss your situation.
If you are just beginning the injunction process, read our guide to How Domestic Violence Injunctions Work in Florida.
If an injunction has been filed against you, see How to Defend Against a Domestic Violence Injunction in Florida.
Frequently Asked Questions About How Long Florida Injunctions Last
1. How long does a domestic violence injunction last in Florida?
There is no single duration for every final domestic violence injunction in Florida. A final injunction may remain in effect for a specific period established by the court or may continue until it is modified or dissolved by a later court order.
2. How long does a temporary domestic violence injunction last?
A temporary injunction generally remains in effect until the court holds a final hearing or otherwise modifies the order. When a temporary injunction is granted, Florida law generally requires the full hearing to be set no later than 15 days after the temporary injunction is issued, although continuances may occur.
3. Can a domestic violence injunction be extended in Florida?
Depending on the circumstances, a petitioner may ask the court to extend an injunction that has an expiration date. If continued protection is needed, it is important to address an extension before the existing injunction expires.
4. Can a domestic violence injunction be modified?
Yes. Either party may ask the court to modify an injunction. The court determines whether a requested change is appropriate based on the circumstances. Until the court modifies the injunction, the existing terms remain in effect.
5. Can a domestic violence injunction be dismissed or dissolved?
A party may ask the court to dissolve an injunction. The court determines whether dissolution is appropriate. The parties should continue to follow the existing order unless and until the court changes or dissolves it.
6. Does an injunction automatically end if the parties reconcile?
No. Reconciliation or an agreement between the parties does not automatically modify or dissolve a court order. If an injunction prohibits contact, its terms should continue to be followed until the court modifies or dissolves the injunction.