10/15/2026
Last night I watched the new documentary on the Ho***rs murders, and a lot of it takes place right here in Florida.
One story stopped me. A young woman was being stalked by a regular customer at the restaurant. He emailed her. He harassed her. He followed her. She did what we tell people to do: she went to court and asked for protection, and she brought pages and pages of messages as proof.
The judge denied it. Everyone on the show was outraged, and I understand why.
But as a family lawyer, I saw something the show never explained. According to the documentary, she filed for a domestic violence injunction. A domestic violence injunction in Florida requires a family or household relationship: a spouse or ex-spouse, a relative, someone you live or lived with as a family, or the other parent of your child. A customer stalking you doesn't fit that box, no matter how terrifying he is.
A judge can't grant relief you didn't ask for.
That's not a technicality. It's how the law works, and it trips up scared, exhausted people every single day. Florida doesn't have one "restraining order." It has five different injunctions, and each one has its own requirements:
1. Domestic violence: a family or household member.
2. Dating violence: someone you had a real romantic relationship with in the last 6 months. A couple of dates usually doesn't count.
3. Repeat violence: two incidents of violence or stalking, at least one in the last 6 months. No relationship needed.
4. Sexual violence: you were the victim of a sexual violence offense. No relationship needed.
5. Stalking: someone willfully, maliciously and repeatedly following, harassing or cyberstalking you. No relationship needed, and no physical violence has to have happened yet.
Here's something else most people don't know. Florida didn't even have a standalone stalking injunction until 2012. Before that, stalking victims had to squeeze their cases into the domestic violence or repeat violence statutes, and many simply didn't fit. The law has changed. Your petition still has to match it.
So before you file, ask yourself two questions:
What is my relationship to this person?
What did they do, and how many times?
Those two answers tell you which petition fits. Then make the petition count: specific incidents with dates, why you're afraid, the relationship stated clearly, and your strongest evidence organized and labeled. And if you end up at a full hearing, remember that your evidence still has to be properly admitted to count. Filing it isn't enough.
I wrote out the whole breakdown, including how to choose the right petition and what to put in it, here:
https://familymatterslaw.app/2026/10/15/florida-restraining-order-types-wrong-petition/
Not sure which injunction fits your situation? That's exactly what a strategy session is for. Getting the right petition on file the first time matters.
https://familymatterslaw.app/diy-legal-coaches/
If you're in danger right now, call 911. You can also reach the National Domestic Violence Hotline at 1-800-799-7233.
Please share this. Someone you know may need it, and they may not know there's more than one kind of restraining order.
Educational only. Not legal advice.
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