If you are in Miami, FL and feel unsafe at home, knowing that a legal process exists to help protect you can bring at least a small measure of calm to a frightening situation. A domestic violence injunction — sometimes called a restraining order — is a court order that can place legal boundaries between you and someone who has harmed or threatened you.

This article walks you through what that process generally looks like in Miami-Dade County, so you have a clearer picture of what to expect before you take your next step. If you are in immediate danger right now, please call 911. The National Domestic Violence Hotline is also available around the clock at 1-800-799-7233.

FamilyPath Legal is not a law firm and does not give legal advice. What we do is connect people in situations like yours with independent, licensed family-law attorneys in Miami who can review your specific circumstances and explain your options.

What is a domestic violence injunction in Miami-Dade?

A domestic violence injunction is a civil court order issued by a Florida judge that can legally require another person to stay away from you, your home, your workplace, or your children's school. It is one of the primary legal tools available in Florida for someone who has experienced or has reasonable cause to fear domestic violence. Under Florida law, it generally applies to situations involving people who are related, live together, or share a child — though other types of injunctions exist for different relationships.

Where do I go to file in Miami-Dade County?

In Miami-Dade County, injunction petitions are handled through the civil division of the Miami-Dade Circuit Court. You can file at the Richard E. Gerstein Justice Building, located at 1351 NW 12th Street in Miami, or at certain branch courthouse locations depending on where you live. The clerk's office has staff trained to help petitioners fill out the paperwork, and there is no filing fee for a domestic violence injunction in Florida — the process is designed to be accessible.

Some community organizations and domestic violence advocacy groups in the Miami area also offer assistance with paperwork and accompaniment to the courthouse. A local family-law attorney can tell you which resources are available near you.

What information do I need to bring when I file?

Coming prepared helps the process move more smoothly. When you go to file, it generally helps to have the following ready — there are several key pieces of information the petition will ask for:

  • Your full legal name and current address (you can request that your address be kept confidential)
  • The full name, address, and date of birth of the person you are seeking protection from
  • A written account of the incidents of violence or threats, including dates and descriptions
  • Any existing court orders involving children or prior injunctions
  • Names and dates of birth of any children you want included in the order

The more specific and factual your account, the more clearly the judge can understand what has happened. An attorney can help you organize this information before you file.

What happens after I file — will there be a temporary order?

After you submit your petition, a judge reviews it, often the same day. If the judge finds there is an immediate and present danger, they can issue a Temporary Injunction for Protection without the other person present — this is called an ex parte order. That temporary order typically remains in effect for up to 15 days, at which point a hearing is scheduled where both sides can appear.

Temporary orders early in this process are common in Florida, and they are taken seriously — law enforcement in Miami-Dade County can enforce them immediately once they are served on the other person.

What happens at the final hearing?

The final hearing is your opportunity to present your case to the judge, and it is also the other person's opportunity to respond. The judge will decide whether to issue a permanent injunction, which in Florida can last for a specified period or indefinitely depending on the circumstances. You do not need an attorney to attend, but having one with you can help you understand the process and present your account clearly.

Courts in Miami-Dade take these hearings seriously. A family-law attorney familiar with the local court can walk you through what to expect so you feel prepared walking in.

Can a domestic violence injunction affect a custody or divorce case?

This is a question many parents in Miami, FL ask, and it is a genuinely important one. An active injunction can be relevant to related family court proceedings, including divorce or child custody matters, because Florida courts making custody decisions generally consider the best interests of the child — and a history of domestic violence is one factor courts often weigh. How these cases interact depends on the specific facts, and a family-law attorney can explain how this works in your situation.

It is worth knowing that these are separate legal proceedings — a civil injunction and a family court case — and each has its own process and timeline.

What if the injunction is violated?

Violating a domestic violence injunction in Florida is a criminal offense. If the protected person in Miami-Dade calls law enforcement to report a violation, the police can arrest the respondent without a warrant in many circumstances. Keeping a record of any contact that violates the order — texts, calls, appearances — is something an attorney may advise you on as part of your overall safety plan.

Frequently Asked Questions

Is there a cost to file a domestic violence injunction in Florida?

No. Florida law waives the filing fee for domestic violence injunctions. There is no cost to file your petition at the Miami-Dade courthouse.

Do I need a lawyer to file for an injunction in Miami-Dade?

You are not required to have an attorney, but having one can help you prepare your petition and understand the hearing process. A free case review through FamilyPath Legal can connect you with a local Miami attorney.

How long does a permanent injunction last in Florida?

A permanent injunction can last for a set period or indefinitely, depending on what the judge orders. An attorney can explain what terms are commonly granted in Miami-Dade cases.

Can I include my children in the injunction?

Yes. You can request that your children be protected under the same injunction. The judge will consider whether including them is appropriate based on the circumstances presented.

What if I do not know the other person's address?

You can still file. Court staff or an attorney can help you understand how service can be handled when an address is unknown or uncertain.

Taking the first step toward understanding your legal options is something you do not have to do alone. FamilyPath Legal connects people in Miami, FL with independent, licensed family-law attorneys who offer a free case review — so you can get clear, honest guidance on what your situation looks like and what options are available to you. When you are ready, we are here to help you find the right person to talk to.