Domestic Violence Injunctions and Eviction Law

The legal conflict began when a landlord filed an eviction action in county court against a former cohabitant who was already living in the home under the protection of a circuit court-issued domestic violence injunction. That injunction granted the tenant temporary exclusive possession of the residence. While the eviction was based on the alleged termination of a month-to-month verbal lease, the petitioner’s legal right to remain in the home stemmed from a court order, not a tenancy agreement. The clash between these two legal authorities—eviction law and injunction protections—set the stage for appellate review.

The Sixth District Court of Appeal ruled that the county court lacked the jurisdiction to override the circuit court’s domestic violence injunction. Florida Statute § 741.30 exclusively empowers circuit courts to issue and manage injunctions that award temporary possession of a shared dwelling to a victim of domestic violence. County courts, by contrast, derive their eviction authority from Florida Statute § 83.59, which cannot be used to countermand or conflict with a circuit court order. By granting the eviction, the county court unlawfully modified the injunction’s terms—something only the circuit court has the authority to do.

No, a county court cannot legally issue an order that contradicts or nullifies a circuit court’s domestic violence injunction. The Florida Constitution and state statutes clearly allocate exclusive jurisdiction over injunction matters to the circuit court. This includes any decision related to enforcement, modification, or dissolution of injunction orders. When a county court takes action that effectively alters the outcome of a circuit court injunction—such as by granting possession to someone restrained by it—that action exceeds the court’s lawful authority.

Jurisdiction determines which court has the power to decide a particular legal issue. In Florida, county courts generally handle landlord-tenant disputes, while circuit courts handle more complex matters like domestic violence protection. When cases involve both landlord-tenant law and protective injunctions, it’s essential to follow the correct court procedures. Failing to do so—as happened here—can result in legally invalid judgments, appellate reversals, and the erosion of court-ordered protections for vulnerable individuals.

The landlord chose to pursue eviction in county court while a temporary injunction from circuit court was still in effect, rather than addressing the possession issue within the court that issued the injunction. Under § 741.30(10), either party has the right to request a hearing in circuit court to modify or dissolve an injunction. The landlord even stipulated to an extension of the injunction, delaying the circuit court’s review, while simultaneously seeking relief in a different court. This two-track approach created conflicting rulings, and the appellate court ruled that the landlord should have pursued his rights within the circuit court, not through a county court eviction.

Yes—at least temporarily and conditionally. If a domestic violence injunction includes a grant of exclusive use and possession of a dwelling, that court order prevents the landlord from legally removing the protected party from the home, regardless of lease status. The injunction is not based on property rights but on safety and public policy considerations. Eviction efforts must wait until the injunction is lifted or modified by the issuing circuit court, not circumvented by filing in another venue.

Under Florida law, only the circuit court has jurisdiction to issue, modify, or dissolve a domestic violence injunction. Florida Statute § 741.30(1)(a) clearly states that victims of domestic violence or those in danger may seek protection through the circuit court. Subsections (5) and (6) of the same statute further authorize circuit judges to award exclusive possession of a dwelling during the duration of the injunction. The statute is silent on any role for county courts in this process, confirming that they lack the authority to interfere with such orders.

Not unless the injunction is modified or dissolved first. Even if rent has not been paid or a verbal lease has ended, if a person is granted exclusive possession through a domestic violence injunction, that legal right overrides traditional landlord-tenant remedies. Florida courts have made clear that such injunctions prioritize safety and stability over rental agreements. The proper legal path is for the landlord to challenge the injunction in the circuit court that issued it, not to file for eviction elsewhere.

When this occurs, the court with subject-matter jurisdiction over the issue takes precedence. In Florida, that means the circuit court’s injunction granting possession outweighs a county court’s eviction judgment. The appellate court in this case explicitly reaffirmed that only the circuit court can adjudicate rights of possession based on an injunction. Conflicting orders cause confusion, create legal exposure, and are often reversed on appeal—as happened here.

Seek legal representation immediately. Conflicting court orders involving property rights, domestic violence protection, and eviction law can be complex and time-sensitive. An experienced attorney will evaluate the jurisdictional authority of each court, file motions to clarify or stay enforcement, and ensure that your rights are protected in the appropriate venue. Waiting too long or pursuing the wrong procedural strategy could result in eviction, contempt, or loss of legal protections.