Domestic violence injunction proceedings in Florida can move quickly. When a temporary injunction is entered, Florida law generally requires a full hearing within 15 days, unless the hearing is continued for good cause.

That expedited timeline serves an important purpose: addressing requests for protection without unnecessary delay. But it can also create complicated procedural questions for both petitioners and respondents, particularly when one party believes the case can be resolved as a matter of law without a full evidentiary hearing.

One procedure that may come into the conversation is summary judgment.

What Is Summary Judgment?

In general, summary judgment is a procedure that allows a court to resolve a case, or an issue within a case, without a trial when there is no genuine dispute over a material fact and the moving party is entitled to judgment as a matter of law.

Florida’s summary judgment standard is not meant to replace a hearing or trial when important facts are genuinely disputed. The Florida courts have emphasized that summary judgment is appropriate only when the applicable legal standard is satisfied. For a closer look at how this legal standard may apply in a specific context, read our discussion of the summary judgment process in domestic violence cases.

In other words, summary judgment is not simply a request for the judge to decide which person’s story is more believable. When material facts remain genuinely disputed, those factual questions ordinarily need to be resolved through the appropriate evidentiary process.

How Does This Relate to Domestic Violence Injunctions?

Florida law allows certain family or household members who are victims of domestic violence, or who have reasonable cause to believe they are in imminent danger of becoming victims, to petition the circuit court for an injunction for protection against domestic violence.

After a petition is filed, a judge reviews it and determines whether a temporary injunction should be granted or denied and whether a final hearing should be set.

If the court determines that an immediate and present danger of domestic violence exists, it may issue a temporary injunction without first hearing from the respondent. Under Florida law, that temporary injunction generally cannot exceed 15 days before a full hearing, although a continuance may be granted for good cause.

This is where summary judgment can become procedurally complicated.

The Timing Challenge

Summary judgment follows its own procedural requirements. Under Florida’s current Rule 1.510 framework, deadlines governing a summary judgment motion and response are designed to provide the parties and court sufficient time to consider the issues before a hearing. Amendments effective in 2025 changed those timing provisions, including requiring a response no later than 40 days after service of the motion and a summary judgment hearing at least 10 days after the response deadline.

Compare that with a temporary domestic violence injunction that may lead to a full hearing within 15 days.

Those competing timelines illustrate why attempting to use summary judgment in an injunction proceeding can raise unusual procedural issues. The specific facts, procedural posture, applicable rules, and court orders can all matter.

Due Process Still Matters

The expedited nature of an injunction proceeding does not eliminate the parties’ due-process rights.

Florida appellate authority has recognized that parties in domestic violence injunction proceedings must have a reasonable opportunity to prove or disprove the allegations. Courts may also regulate discovery in light of the unusually short timelines associated with injunction cases.

That balance is important. Courts must be able to respond quickly when protection may be necessary while also providing a fair process for the people involved.

Why Legal Guidance Can Be Important

Domestic violence injunctions can have significant consequences. Depending on the circumstances, an injunction may address contact between the parties, use of a shared residence, temporary parenting arrangements and time-sharing, among other issues. Florida law also provides that qualifying protective provisions can remain effective until they are modified or dissolved.

When summary judgment or another procedural issue arises, understanding which rules apply, and how those rules interact with the accelerated injunction timeline, can become particularly important.

The attorneys at Family Complex Litigation and Collaborative Group help clients navigate complex Florida family law matters, including issues involving domestic violence injunctions and related proceedings. If you have questions about an injunction or how a procedural issue may affect your case, contact FCLC Group to discuss your circumstances.