If you are in immediate danger, call 911. Confidential help, any hour: Florida Domestic Violence Hotline 1-800-500-1119; National Domestic Violence Hotline 1-800-799-7233.
Injunction cases move faster than any other family law matter — which means the questions come fast, too. This page collects the ones Brevard County residents ask most, from both sides of these cases, with links to our detailed guides. For advice on your situation, The Law Office of John Vernon Moore, P.A. — with over 89 years of combined experience — is at (321) 529-7777.
Getting Protection
How do I get a restraining order in Brevard County?
File a sworn petition — free — with the Clerk of Court at the Moore Justice Center in Viera, or the Titusville or Melbourne courthouse. A judge reviews it the same day and can issue a temporary injunction lasting until a final hearing within about 15 days. The full step-by-step is on our how to get an injunction page.
Which type of injunction do I need?
It depends on your relationship to the other person and their conduct: domestic violence for family, household members, and co-parents; dating violence for significant relationships within 6 months; repeat violence for neighbors, coworkers, and acquaintances (two incidents required); sexual violence (one incident suffices); and stalking for patterns of following, harassment, or cyberstalking. Filing under the wrong statute is a leading cause of denial.
Does it cost anything?
No. Florida prohibits filing and service fees for protective injunctions, and the sheriff serves the respondent at no charge.
Can the injunction cover my children, home, and support?
A domestic violence injunction can award exclusive use of the shared home, a temporary parenting plan, and temporary child and spousal support — interim relief that bridges to a divorce or custody case. Other injunction types protect the person but do not carry family remedies.
The Hearing
What happens at the final hearing?
A real evidentiary trial in miniature: sworn testimony, cross-examination, exhibits, witnesses, and a ruling — usually within 15 days of filing. Preparation decides these hearings; see what to expect at the injunction hearing.
What evidence do I need?
Specific incidents with dates and places, plus corroboration: photos, texts and messages with identifiers visible, police reports, medical records, and witnesses who appear in person. Letters and affidavits are hearsay; live testimony counts.
How long does an injunction last?
Whatever term the court sets — months, years, or until further order. Either party can move to modify or dissolve it later based on changed circumstances.
Being Accused
I was just served with an injunction. What do I do first?
Comply with every term immediately, contact counsel today, and start preserving evidence — the final hearing lands within about two weeks and it is your one chance to contest the order. The complete playbook is on defending against an injunction.
What are the real consequences of a final injunction against me?
Background-check visibility, exclusion from home and specified places, firearms surrender under state and federal law (see firearms and injunctions), restrictions involving your children that shadow any custody case, and criminal prosecution for any violation. Final injunctions are not minor.
The allegations against me are false. Can I beat this?
False and exaggerated petitions are beaten with evidence: complete message threads, timelines, contradictions, motive, and composed testimony. The strategy — and the mistakes to avoid — are covered on our false allegations page.
After the Order
What happens if the injunction is violated?
Violation is a crime — a first-degree misdemeanor, escalating to a felony for third violations — enforced by arrest, plus contempt in the issuing court. Protected persons should report and document every violation; accused respondents have real defenses. Both sides: see violation of an injunction.
We reconciled. Can we just ignore the injunction?
No — the order binds the respondent regardless of the petitioner’s invitation, and contact remains a crime until a court modifies or dissolves the order. If reconciliation is genuine, a motion to dissolve is the lawful route.
How does domestic violence affect divorce and custody?
Significantly: custody presumptions after convictions, supervised timesharing, mediation accommodations, dissipation and support consequences, and safety-driven process protections. Two guides cover it: domestic violence and divorce and domestic violence and custody.
Can an injunction be entered against a teenager, or protect one?
Both. Parents may petition on behalf of minor children — including dating violence and sexual violence injunctions for teen relationships — and minors can be respondents in appropriate cases. School, transport, and juvenile-specific logistics get built into the order.
Get Specific Answers Today
Every injunction case is a two-week sprint with lasting consequences. Whether you need protection or a defense, The Law Office of John Vernon Moore, P.A. serves clients throughout Melbourne, Palm Bay, Viera, Titusville, and all of Brevard County. Call (321) 529-7777 or schedule a consultation — and if you are in danger right now, call 911 first.