Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Injunction; penalty.§ 39.504

Part V · Petition, Arraignment, Adjudication, and Disposition · 2026 Florida Statutes
Also cited as § 39.4055, its former number: those opinions are included (2 as § 39.4055).
Each citation is matched to today's text through the statutes the opinion applied (1997 on), so renumbered subsections land in the right place; those show "Cited as".

Related court rules: Rule 8.201

11 opinions cite § 39.504

  1. Department of Children & Families v. D.B.D. 42 So. 3d 916 · 4D09-4862 · 4th DCA 2010

    Affirmed This opinion cites § 39.504 17 times: (1), (4)(c), and the section generallyCited as § 39.504(3)(c) (2009 statutes), now § 39.504(4)(c)Also cites § 39.504(2), which couldn't be matched to today's text.

    · cited by 4 in all courts

    Dismissal of DCF's ex parte Chapter 39 injunction against a father affirmed; due process required DCF to justify continuing it, and it failed.

    …Children and Families (“DCF”) appeals an order dismissing an ex parte injunction entered against a father of minor children pursuant to section 39.504, Florida Statutes (2009). At a hearing required by due process, DCF failed to justify the continuation of the injunction, so we affirm the order of the…

  2. Department of Children & Families v. J.D. 198 So. 3d 960 · 5D16-1739-2 · 5th DCA 2016

    Reversed & remanded This opinion cites § 39.504 5 times: (2), (3), and the section generally

    Dismissal of DCF's child-abuse injunction petition for lack of jurisdiction reversed; the dependency court may hear section 39.504 injunctions without an open dependency case.

    … The circuit court’s exclusive jurisdiction attaches when, inter alia, “a petition for an injunction to prevent child abuse issued pursuant to [section] 39.504[,] [Florida Statutes 2016),] is filed.” § 39.013(2), Fla. Stat. (2016). Although the circuit court’s jurisdiction may also be triggered when DCF files a…

  3. Department of Children & Families v. J.D. 5D16-1739 · 5th DCA 2016

    Reversed & remanded This opinion cites § 39.504 5 times: (2), (3), and the section generally

    Dismissal of DCF's child-abuse injunction petition for lack of jurisdiction reversed; the dependency court may hear section 39.504 injunctions without an open dependency case.

    … The circuit court’s exclusive jurisdiction attaches when, inter alia, “a petition for an injunction to prevent child abuse issued pursuant to [section] 39.504[,] [Florida Statutes 2016),] is filed.” § 39.013(2), Fla. Stat. (2016). Although the circuit court’s jurisdiction may also be triggered when DCF files a…

  4. E.M.J. v. Department of Children & Families 124 So. 3d 246 · 1D13-2056 · 1st DCA 2013

    Reversed & remanded This opinion cites § 39.504 2 times, the section generally

    Injunction to prevent child abuse reversed because DCF conceded the court did not hold a full evidentiary hearing; jurisdiction after adoption was upheld.

    …claims that the trial court committed reversible error in granting the Department’s motion for an injunction to prevent child abuse pursuant to section 39.504, Florida Statutes (2012), because (1) the court lost jurisdiction after the adoption of the children; (2) the adoptive parent was not served with the motion…

  5. Foust v. Brown 576 So. 2d 939 · DCA90-2359 · District Court of Appeal 1991

    This opinion cites § 39.504 2 times, a subsectionCited as § 39.4055 (1989 statutes), now § 39.504Also cites § 39.4055(3)(a) under the 1989 statutes, too old to match to today's subsections.

    …wife. In August, 1990 the trial court issued an order dismissing the appellant’s petition for dependency, nunc pro tunc as of February 16, 1989. Section 39.4055(3)(a), Florida Statutes (1989), provides that.an injunction entered under section 39.4055, Florida Statutes, will expire at the time of the disposition of the…

  6. J.G. v. Department of Children & Family Services 792 So. 2d 711 · 3D01-898 · 3rd DCA 2001

    This opinion cites § 39.504 1 time, a subsectionAlso cites § 39.504(2), which couldn't be matched to today's text.

    …that might rebut the conclusions or recommendations which the reports contained.” Kern v. Kern, 333 So.2d 17, 19 (Fla.1976). See sections 39.402(9), 39.504(2), Florida Statutes (2000). Vacated, remanded.

  7. In re Petition of Florida Bar 589 So. 2d 818 · SC76669 · Florida Supreme Court 1991

    This opinion cites § 39.504 1 time, the section generallyCited as § 39.4055 (1990 statutes), now § 39.504

    · cited by 12 in all courts

    …8.962. MOTION FOR INJUNCTION MOTION COMES NOW, ____ (name) _____ and hereby requests this court, pursuant to subsection 39.4055, Florida Statutes, to issue, until the cause is disposed, an injunction requiring _____ (name) _______ to do the following: ____ Refrain from abuse or…

  8. In re Amendments to Fl. Rules of Juvenile Proc. 992 So. 2d 242 · SC08-1612 · Florida Supreme Court 2008

    Rule amendment This opinion cites § 39.504 5 times, the section generally

    …as proposed by the Committee. The amendments to rule 8.225 and forms 8.962, 8.963, and 8.968 are in response to amendments to sections 39.502(17), 39.503(6), 39.504, Florida Statutes, made by chapter 2008-245, sections 9-11, Laws of Florida. Consistent with the change to section 39.502(17), Florida Statutes, subdivision…

  9. In re Amendments to the Florida Rules of Juvenile Procedure 175 So. 3d 263 · SC15-98 · Florida Supreme Court 2015

    Rule amendment This opinion cites § 39.504 3 times, the section generally

    · cited by 10 in all courts

    …also proposes the deletion of Forms 8.962 (Motion for Injunction) and 8.963 (Injunction Order) because it determined they are inconsistent with section 39.504, Florida Statutes, as amended by chapter 2012- 178, Laws of Florida, and replacement forms are not necessary. The Board of Governors of The Florida Bar…

  10. In re Amendments to the Florida Rules of Juvenile Procedure 115 So. 3d 286 · SC12-188 · Florida Supreme Court 2013

    Rule amendment This opinion cites § 39.504 1 time, the section generally

    · cited by 2 in all courts

    … *323 FORM 8.963. INJUNCTION ORDER ORDER ON VERIFIED MOTION FOR CHAPTER 39 INJUNCTION THIS CAUSE came before this court on.(date)....., pursuant to section 39.504, Florida Statutes. Present before the court were.(namc(s)).; and the court having reviewed the verified motion, heard testimony and argument, and being…

  11. In re Amendments to the Florida Rules of Juvenile Procedure 725 So. 2d 296 · SC93-3 · Florida Supreme Court 1998

    Rule amendment This opinion cites § 39.504 1 time, the section generally

    · cited by 1 in all courts

    …AND ORDERED this ..... day of ..5-19 : .-in .., Florida. Circuit Judge INJUNCTION THIS CAUSE came before this court on . (date). , pursuant to section 39.504, Florida Statutes. Present before the court were . (name(s)). ; and the court having heard testimony and argument and being otherwise fully advised in the…

0 admin code rules cite § 39.504

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.

No admin code rule cites § 39.504.

3 CFOPs cite § 39.504

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

  1. CFOP 170-1 Florida Child Welfare Practice Model p. 153 (5)p. 159
  2. CFOP 170-5 Child Protective Investigations p. 22p. 68
  3. CFOP 170-7 Develop and Manage Safety Plans p. 9p. 21p. 22p. 23

Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.

(1) At any time after a protective investigation has been initiated pursuant to part III of this chapter, the court, upon the request of the department, a law enforcement officer, the state attorney, or other responsible person, or upon its own motion, may, if there is reasonable cause, issue an injunction to prevent any act of child abuse. Reasonable cause for the issuance of an injunction exists if there is evidence of child abuse or if there is a reasonable likelihood of such abuse occurring based upon a recent overt act or failure to act. If there is a pending dependency proceeding regarding the child whom the injunction is sought to protect, the judge hearing the dependency proceeding must also hear the injunction proceeding regarding the child.

(2) The petitioner seeking the injunction shall file a verified petition, or a petition along with an affidavit, setting forth the specific actions by the alleged offender from which the child must be protected and all remedies sought. Upon filing the petition, the court shall set a hearing to be held at the earliest possible time. Pending the hearing, the court may issue a temporary ex parte injunction, with verified pleadings or affidavits as evidence. The temporary ex parte injunction pending a hearing is effective for up to 15 days and the hearing must be held within that period unless continued for good cause shown, which may include obtaining service of process, in which case the temporary ex parte injunction shall be extended for the continuance period. The hearing may be held sooner if the alleged offender has received reasonable notice.

(3) Before the hearing, the alleged offender must be personally served with a copy of the petition, all other pleadings related to the petition, a notice of hearing, and, if one has been entered, the temporary injunction. If the petitioner cannot locate the alleged offender for service after a diligent search pursuant to the same requirements as in s. 39.503 and the filing of an affidavit of diligent search, the court may enter the injunction based on the sworn petition and any affidavits. At the hearing, the court may base its determination on a sworn petition, testimony, or an affidavit and may hear all relevant and material evidence, including oral and written reports, to the extent of its probative value even though it would not be competent evidence at an adjudicatory hearing. Following the hearing, the court may enter a final injunction. The court may grant a continuance of the hearing at any time for good cause shown by any party. If a temporary injunction has been entered, it shall be continued during the continuance.

(4) If an injunction is issued under this section, the primary purpose of the injunction must be to protect and promote the best interests of the child, taking the preservation of the child’s immediate family into consideration.

(a) The injunction applies to the alleged or actual offender in a case of child abuse or acts of domestic violence. The conditions of the injunction shall be determined by the court, which may include ordering the alleged or actual offender to:

1. Refrain from further abuse or acts of domestic violence.

2. Participate in a specialized treatment program.

3. Limit contact or communication with the child victim, other children in the home, or any other child.

4. Refrain from contacting the child at home, school, work, or wherever the child may be found.

5. Have limited or supervised visitation with the child.

6. Vacate the home in which the child resides.

7. Comply with the terms of a safety plan implemented in the injunction pursuant to s. 39.301.

(b) Upon proper pleading, the court may award the following relief in a temporary ex parte or final injunction:

1. Exclusive use and possession of the dwelling to the caregiver or exclusion of the alleged or actual offender from the residence of the caregiver.

2. Temporary support for the child or other family members.

3. The costs of medical, psychiatric, and psychological treatment for the child incurred due to the abuse, and similar costs for other family members.

This paragraph does not preclude an adult victim of domestic violence from seeking protection for himself or herself under s. 741.30.

(c) The terms of the final injunction shall remain in effect until modified or dissolved by the court. The petitioner, respondent, or caregiver may move at any time to modify or dissolve the injunction. Notice of hearing on the motion to modify or dissolve the injunction must be provided to all parties, including the department. The injunction is valid and enforceable in all counties in the state.

(5) Service of process on the respondent shall be carried out pursuant to s. 741.30. The department shall deliver a copy of any injunction issued pursuant to this section to the protected party or to a parent, caregiver, or individual acting in the place of a parent who is not the respondent. Law enforcement officers may exercise their arrest powers as provided in s. 901.15(6) to enforce the terms of the injunction.

(6) Any person who fails to comply with an injunction issued pursuant to this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(7) The person against whom an injunction is entered under this section does not automatically become a party to a subsequent dependency action concerning the same child.

History. s. 1, ch. 84-226; s. 1, ch. 91-224; s. 228, ch. 95-147; s. 10, ch. 95-228; s. 65, ch. 98-403; s. 28, ch. 99-193; s. 11, ch. 2008-245; s. 9, ch. 2012-178; s. 14, ch. 2014-224; s. 9, ch. 2017-151.