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Under Florida, a willful violation of a domestic violence injunction, stalking injunction, or injunction against dating violence, sexual violence, or repeat violence is generally a first degree misdemeanor, punishable by up to 1 year in jail or 12 months of probation.
CHAPTER 39 INJUNCTIONS (JUNE 2020) Chapter 39, Florida Statutes, provides a method for obtaining an injunction to protect a child from abuse or domestic violence.
An injunction is a Court order prohibiting a person from taking a particular action (a prohibitory injunction) or requiring them to take a particular action (a mandatory injunction). The first step will usually be to obtain an interim injunction.
Florida Injunctions for Protection. An injunction (sometimes referred to as a restraining order) is a court order that tells one person to stay away from and not contact another person. Unless the court order says otherwise, this means no contact by phone, email, text messages, letter, in person, or other method.
If the judge decides the sworn allegations contained in the paperwork meet the requirements of Florida law for the issuance of an injunction, the judge will enter a Temporary Injunction, which will be valid for 15 days.
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Restraining orders (known as injunctions in Florida) for protection against sexual violence are controlled by 784.046, Florida Statutes. Under 784.046, Florida Statutes, you may qualify for an injunction or restraining order if you are the victim of sexual violence.
A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate remedy at law; 4) consideration of the public interest.
Civil restraining orders cannot be expunged because they are civil actions, not criminal. They will therefore remain on your criminal record. Still, you can request to have the conditions modified or to have the injunction removed.

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