(Serving Hillsborough, Orange, Lee & Hendry Counties)

When parents separate or divorce, Florida law encourages both to play an active and consistent role in their children’s lives. However, when one parent files—or is served with—an injunction for protection (restraining order), that court order can have an immediate and lasting impact on a parent’s time-sharing (custody) and parental responsibility rights.

If you live in Hillsborough County, Orange County, Lee County, or Hendry County, understanding how injunctions affect custody and what steps to take next is essential to protecting your parental rights.

What Is an Injunction for Protection?

An injunction for protection is a civil court order that restrains one person from contacting or threatening another. Florida’s injunction statutes are found in Chapter 741, Florida Statutes, including:

• § 741.30 – Domestic violence; injunction; powers of court 
• § 784.046 – Repeat, dating, and sexual violence injunctions 
• § 784.0485 – Stalking injunctions 

These laws allow the court to issue a temporary injunction (valid until a hearing, usually within 15 days) and, after hearing both sides, possibly a final injunction that can last indefinitely.

Florida circuit courts—including those in Tampa (Hillsborough County), Orlando (Orange County), Fort Myers (Lee County), and LaBelle (Hendry County)—handle thousands of these cases each year.

How an Injunction Can Affect Time-Sharing Rights

When a parent is subject to an injunction, the judge may:

• Suspend or limit time-sharing pending further review 
• Require supervised visitation (per § 61.13(2)(c), Fla. Stat.) 
• Restrict or prohibit communication with the child 
• Prevent the parent from attending the child’s school, activities, or home 

Even a temporary injunction can block parenting time until the court decides if continued contact is safe. Violating an injunction—even unintentionally—can result in criminal penalties under § 741.31, Fla. Stat.

How Florida Courts Balance Safety and Parental Rights

Under § 61.13(2)(b), Florida courts must always act in the best interests of the child. When there are credible allegations of domestic violence, the statute specifically states that evidence of such violence is a factor the court must consider when determining time-sharing.

If a parent has been convicted of domestic violence—or if the court finds credible evidence of violence or threats—the presumption is that shared parental responsibility would be detrimental to the child (§ 61.13(2)(c)2.)

However, that presumption can be overcome with evidence showing that continued contact is safe and in the child’s best interests.

Courts in Hillsborough, Orange, Lee, and Hendry Counties may order:

• Supervised or therapeutic visitation (e.g., at Family Resource Centers or approved facilities) 
• Parenting coordination or counseling under § 61.125, Fla. Stat. 
• Gradual restoration of unsupervised time-sharing after compliance with treatment or counseling 

If You’ve Been Served with an Injunction

If you’re a parent in Tampa, Orlando, Fort Myers, or LaBelle who has been served with an injunction for protection:

1. Follow the order strictly. Contacting the other parent or child can lead to arrest (§ 741.31). 
2. Prepare for your hearing. Temporary injunctions can become permanent if you fail to appear (§ 741.30(5)(c)). 
3. Gather your evidence—messages, witnesses, or records that show your side of the story. 
4. Hire a family law attorney experienced in both injunctions and custody cases. 

An experienced lawyer can help you present evidence, cross-examine witnesses, and protect your parental rights during the injunction process.

Long-Term Effects on Custody and Parental Responsibility

A permanent injunction can affect future family law proceedings. Florida courts often reference injunctions as part of custody determinations and modification hearings.

Under § 61.13(3)(m), the court must consider “evidence of domestic violence, sexual violence, child abuse, abandonment, or neglect” when establishing or modifying time-sharing.

Case law also confirms the impact:

• Randolph v. Randolph, 146 So. 3d 517 (Fla. 5th DCA 2014) – Domestic violence injunction properly considered when limiting time-sharing. 
• Doyle v. Owens, 77 So. 3d 849 (Fla. 5th DCA 2012) – Courts must make specific findings if time-sharing is restricted due to safety concerns. 
• Burkhardt v. Bass, 711 So. 2d 626 (Fla. 4th DCA 1998) – Evidence of violence justifies supervised visitation. 

That said, injunctions and custody orders can be modified later if circumstances change, counseling is completed, and continued contact becomes appropriate (§ 61.13(3), Fla. Stat.).

Local Representation Across Southwest and Central Florida

At Law Offices of Adam G. Hill, we represent clients across Hillsborough County (Tampa, Brandon, Riverview), Orange County (Orlando, Winter Park, Apopka), Lee County (Fort Myers, Cape Coral, Bonita Springs, Lehigh Acres), and Hendry County (LaBelle, Clewiston) in complex cases involving divorce, injunctions for protection, domestic violence, and custody/time-sharing.

We understand how local judges and court systems handle these sensitive cases and work to protect your parental rights while prioritizing the safety and well-being of your child.

Call us toll-free at 833-918-1877 or send a message through our Contact Page to request a confidential consultation today to discuss your options and next steps.

Frequently Asked Questions

Can I see my child if a temporary injunction is in place?
Possibly, but only if the court authorizes supervised or limited contact. You must comply fully until the order is modified or dissolved.

How long does a Florida injunction last?
Temporary injunctions generally remain in effect until the hearing (within 15 days per § 741.30(5)(c)). Final injunctions can be permanent or for a set duration.

Can an injunction permanently affect my custody rights?
Yes, but courts can modify orders if you show compliance, rehabilitation, and no ongoing safety concerns (§ 61.13(3), Fla. Stat.).

What if the other parent made false allegations?
False allegations can and should be challenged in court. Presenting strong evidence and credible testimony is essential to protect your record and restore parenting time.

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