If you have a restraining order or protective injunction from another state and recently moved to Florida, you still have the right to be protected. Florida law allows victims of domestic violence and harassment to enforce out-of-state restraining orders just like those issued within the state. Understanding how this process works can help ensure your safety and preserve your legal rights.

What Is a Florida Restraining Order?

A restraining order—also known as a protective injunction—is a court order designed to stop one person from threatening, harassing, or committing acts of violence against another. Florida courts recognize five types of protective injunctions, including:

• Domestic Violence Injunctions
• Repeat Violence Injunctions
• Dating Violence Injunctions
• Sexual Violence Injunctions
• Stalking Injunctions

Each type can include specific terms, but most share common protections such as:

• No contact between the parties (in person, online, or by phone)
• Staying a certain distance from the victim’s home, workplace, or school
• Moving out of a shared residence
• Surrendering firearms, ammunition, or weapons

Some injunctions may also contain temporary orders related to child custody, visitation, or support.

Penalties for Violating a Florida Restraining Order

Violating a protective injunction is a serious offense. Under Florida law, it is typically charged as a first-degree misdemeanor, punishable by:

• Up to one year in jail or probation
• Fines up to $1,000

If a person repeatedly violates the order or commits additional acts of harassment or violence, prosecutors may file felony charges, resulting in harsher penalties.

How to Enforce an Out-of-State Restraining Order in Florida

Federal law requires all U.S. states to honor valid protective orders issued elsewhere. Florida will enforce your out-of-state restraining order as long as:

1. The order was issued to prevent violence, threats, stalking, or harassment.
2. The issuing court had proper jurisdiction over the case.
3. The respondent (the accused person) was notified of the order and had an opportunity to appear in court.

To make sure your order is enforceable in Florida, you can register it with the local clerk of court. This process involves bringing a certified copy of the order to a Florida court and asking that it be officially filed. Once it’s recorded, your protective order is treated the same as a Florida injunction—meaning law enforcement can arrest anyone who violates it.

Child Custody and Support Provisions

Florida can immediately enforce the protective parts of an out-of-state order, but it cannot enforce child custody or child support provisions until the order is officially filed with a Florida court.

Modifying or Extending an Out-of-State Order

Florida courts can enforce an out-of-state order but cannot modify, extend, or cancel it. Only the original court that issued the injunction can make those changes.

If your order has expired and you still need protection while living in Florida, you may request a new domestic violence injunction here. However, you must usually show new incidents or threats that occurred within the state.

Get Help From a Clearwater Domestic Violence Attorney

Navigating the process of enforcing a restraining order from another state can be confusing—especially when it involves multiple court systems. At Hernandez Family Law, our Tampa family law attorneys help clients register and enforce out-of-state protective injunctions, ensuring their safety and peace of mind.

We can guide you through every step of the process and make sure your order is properly recognized by Florida law enforcement and the courts.

📞 Contact Hernandez Family Law today to schedule a confidential consultation with an experienced domestic violence lawyer in Tampa, FL. Evening and weekend appointments are available for your convenience.