Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is an injunction in a Florida family law case that is not related to domestic violence? This is an order which instructs someone not to do something. There are specific requirements for obtaining a non-domestic violence injunction, including the posting of a bond. This type of injunction was an issue in the case Caron v. Caron, 4D2025-0440 (Fla. 4th DCA November 19, 2025).
In this post-judgment divorce case, the parties entered a marital settlement agreement in which they agreed to divide the contents of the marital home, but if they were unable to agree they would attend mediation to negotiate this issue. The former husband subsequently filed an ex-parte motion seeking to prohibit the former wife from disposing of or removing property from the marital home. He alleged that despite the parties not reaching an agreement on how to divide the property, the former wife was advertising an estate sale of the property.
The trial court entered an order granting the motion, ordering the former wife to cancel the sale and prohibiting her from “selling, concealing, moving or otherwise disposing of any contents of the marital home.” The former wife then filed a motion to vacate the order, arguing it was an improperly entered injunction. She requested that the order be dissolved or that an evidentiary hearing be held within five days. Subsequently, the former wife filed a motion to modify the order, requesting that she be permitted to move the items to storage until the parties could agree on how to divide them. The court denied both motions without a hearing. The former wife appealed.
The appellate court reversed, holding “We agree with the former wife that the ex parte order constitutes a temporary injunction, even though it is not titled as such, because the relief which the order grants is injunctive in nature.” The appellate court determined the trial court erred in three respects: (1) “the ex parte order did not contain sufficient findings to support the entry of a temporary injunction” (“The findings required for entry of a temporary injunction are: “(1) irreparable harm will result if the temporary injunction is not entered; (2) an adequate remedy at law is unavailable; (3) there is a substantial likelihood of success on the merits; and (4) entry of the temporary injunction will serve the public interest.”); (2) “the trial court erred in entering a temporary injunction without requiring the former husband to post a bond”; and (3) “the trial court erred in failing to hold an evidentiary hearing on the former wife’s motions to dissolve and modify the ex parte order. If the party against whom an ex parte temporary injunction has been entered moves to dissolve the injunction, the court must hold an evidentiary hearing, at which the party who sought the injunction bears the burden of presenting sufficient evidence to sustain it.”
The court concluded “On remand, within five days from the issuance of our mandate, the trial court shall hold an evidentiary hearing on the former wife’s motions to dissolve and modify the ex parte order. At the hearing, the former husband will have the burden of presenting sufficient evidence to sustain the grant of injunctive relief, and the former wife must be given an opportunity to present countervailing evidence. If, after hearing the evidence, the trial court determines that an injunction is appropriate, it must make the required findings and require the former husband to post a bond.”
Nothing in this article is intended to be legal advice. For specific guidance about your case, schedule a consultation with a Miami family law attorney.