How long does a Florida injunction last, and can it be changed or ended?

This page is for respondents living under an injunction, or facing a request to extend one. It covers how long each stage lasts, who may ask for a change, how the motion works, and what happens to firearms and records when an order ends. The full respondent's guide is on responding to a restraining order in South Florida.

How long does each stage last?

The Fifteenth Judicial Circuit in Palm Beach County says a final injunction lasts until a judge changes or ends it at either party's request after notice and a hearing, or until a specific date the judge sets, such as 1, 3 or 5 years. It also says the length varies from case to case, so the order itself is the only reliable answer. Rule 12.610 of the Florida Family Law Rules adds that the court may continue a temporary injunction on its own motion for good cause, including failure to obtain service.

Who can ask for a change, and how does it work?

1. Either party may move. "The petitioner or the respondent may move the court to modify or dissolve an injunction at any time" (s. 741.30(10); the same words appear in ss. 784.046(10) and 784.0485(10); rule 12.610(c)(6)).
2. The motion. Clerks must provide simplified forms for injunctions and their modification (s. 741.30(2)(c)2.). The Miami-Dade Clerk's list includes motions to modify, to dismiss, to extend, and for the return of firearms.
3. Notice to the other side. A motion to modify or vacate is served by notice reasonably calculated to tell the other party it is pending (rule 12.610(b)(2)(C)). If a party has no attorney, service must follow rule 12.070, or the record must show the other party personally received the motion (rule 12.610(c)(6)).
4. The hearing. In Broward, the Seventeenth Circuit's domestic violence judges hear motions to modify or dismiss injunctions, and the motions can be filed in Room 2140 of the main courthouse or through the e-filing portal. Local courts are described on our Broward County page. The Fifteenth Circuit asks that motions include the case number, the hearing date and contact information.
5. The order. A new order is certified by the clerk and delivered at the hearing or mailed to each party's last known address (s. 741.30(8)(a)3.), and the clerk forwards it to the sheriff within 24 hours (rule 12.610(c)(3)(B)).
6. The records. If the injunction is vacated or ends by court ruling, the clerk notifies the sheriff within 24 hours, and the sheriff notifies FDLE within 24 hours after that (s. 741.30(8)(c)6.).

What does the judge consider?

The statutes set a low bar to file and leave the decision to the hearing. For domestic violence and stalking injunctions they say "no specific allegations are required" to move to modify or dissolve (ss. 741.30(6)(c), 784.0485(6)(b)). For an extension, Rule 12.610 gives the court "broad discretion" after considering the circumstances, again with no specific allegations required. The Fifteenth Circuit tells parties who want a change because circumstances have changed, for example in custody, visitation or child support, to file a motion.

Because no list of factors is written into the statutes, the motion and the hearing are where a respondent shows what is different now, with evidence and sworn testimony. The hearing is recorded (s. 741.30(6)(h)). If a related criminal case is still open, anything said can matter there, which is explained on our page about the injunction hearing.

Children are a special case. When a later family case is filed under chapter 61, its orders take precedence over inconsistent injunction terms about matters chapter 61 governs (s. 741.30(1)(c)). Time-sharing questions are covered on our page about seeing your children while an injunction is in place.

What stays in force while a motion is pending?

Everything. The terms remain in effect "until modified or dissolved" (ss. 741.30(6)(c), 784.046(7)(c), 784.0485(6)(b)). Filing a motion, or the petitioner saying it is fine to visit, changes nothing. The state courts' brochure for respondents says only the judge can change the order and that the other person cannot change or dismiss it alone. Contact while a motion is pending can still be charged under s. 741.31, as explained in being accused of violating an injunction. What to do when the petitioner reaches out is covered on our page about what to do if the petitioner contacts you.

A separate criminal no-contact order runs on its own track. Under s. 903.047(1)(b), a no-contact condition of pretrial release lasts for the length of pretrial release or until the criminal court modifies it, so dissolving the civil injunction does not lift it.

What happens when an injunction ends?

• Firearms. The ban in s. 790.233 applies to an injunction "currently in force and effect." The Miami-Dade Clerk's forms include a motion for return of firearms and ammunition with a sworn affidavit. More is in firearms after a Florida injunction.
• Concealed weapons license. If the injunction ends in a nondisqualifying way and the person is otherwise eligible, the license suspension ends, and the Department of Agriculture and Consumer Services must issue an order confirming it within 90 days after the licensee submits a copy of the final resolution (s. 790.06(3)).
• The statewide system. The clerk and sheriff report a vacated or ended injunction so FDLE's verification system reflects it (s. 741.30(8)(c)6.). What remains visible elsewhere is covered on our page about whether an injunction shows up on a background check.

What changes the answer?

• An end date in the order. If the final order sets a fixed period, it expires unless the petitioner seeks an extension, which the Fifteenth Circuit says must be filed before the injunction expires.
• A respondent who missed the first hearing. A later request to extend can be served by certified mail instead of a deputy (s. 741.30(8)(a); rule 12.610(c)(3)(A)).
• A family court case. Chapter 61 orders control inconsistent injunction terms on children and support (s. 741.30(1)(c)).
• A pending criminal case. A bond no-contact condition stays until the criminal court changes it (s. 903.047(1)(b)).
• The type of injunction. The modify-or-dissolve right is the same in all three statutes, but what can be modified depends on what the type allowed in the first place, as explained in Florida's five injunctions.

A worked example

For example, picture a hypothetical respondent in Jupiter under a final domestic violence injunction entered three years ago with a five-year end date. He has had no contact, finished the batterers' intervention program, and since then his former wife filed for divorce, and the family court entered a parenting plan for their son. The injunction's old time-sharing terms now conflict with the parenting plan, and under s. 741.30(1)(c) the family court's order takes precedence on that point. He files a motion to modify the injunction so its terms match the family court order and serves it as rule 12.610 requires. Until the judge rules, he follows every term exactly as written. Whether the judge modifies, dissolves or leaves the order alone is up to the court; the example is invented and predicts nothing.

Common mistakes

• Treating the petitioner's permission as a change to the order.
• Assuming a pending motion pauses the injunction.
• Ignoring notice of a petitioner's motion to extend and missing that hearing.
• Serving a motion informally, without the proof of receipt rule 12.610(c)(6) requires.
• Forgetting that a criminal no-contact condition survives the end of the civil order.
• Picking up firearms when the order ends without following the court's return procedure.

What to do this week

1. Find the final order and note whether it has an end date.
2. Write down every term that still applies, including any children and firearm provisions.
3. Gather proof of compliance and of what has changed since the order was entered.
4. Get the motion form from the clerk and note the case number.
5. Check whether a criminal case or bond condition is still open.
6. Speak with an attorney before filing or before a hearing on a motion to extend.

Frequently asked questions

Does a Florida injunction expire on its own?

Only if the order sets an end date. Otherwise it lasts until a judge modifies or dissolves it (s. 741.30(6)(c)).

Can the petitioner extend it?

Yes. Rule 12.610(c)(4)(B) lets the court extend an injunction on the victim's petition, for successive periods or until further order, with no specific allegations required. The respondent gets notice and can be heard.

Can the petitioner simply drop a final injunction?

Not alone. Once a final order is entered, a change requires a motion and a court order (s. 741.30(10)). Before a final order, the Fifteenth Circuit says a petitioner may voluntarily dismiss the petition.

Is there a waiting period before I can ask to dissolve it?

No. The statutes say either party may move "at any time" (ss. 741.30(10), 784.046(10), 784.0485(10)).

Do I need a lawyer for the motion?

No statute requires one (s. 741.30(1)(f)), but service rules are stricter for a party without an attorney (rule 12.610(c)(6)).

Does a violation affect a later motion?

A willful violation can lead to a mandatory batterers' intervention program (s. 741.31(5)), and it can also be charged as a crime. The penalties are in the penalty for violating an injunction.

How can Mr. Mead help?

Mr. Mead has more than three decades of criminal defense in South Florida, and requests to modify or extend injunctions often overlap with criminal cases and bond conditions. He can review your order, any pending criminal case and the motion you are considering or facing. Every case is different, and no result can be promised. The consultation is free, and you can call 24 hours at (561) 362-6677.

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