How to Fill Out Florida Form CR2E098 (w/Examples) + FAQs

Florida Form CR2E098 is the Petition for Injunction for Protection Against Domestic Violence, the official Florida Supreme Court approved form you file in circuit court to ask a judge for a restraining order against a family or household member who has hurt you, threatened you, or made you fear for your safety. You fill it out by completing every numbered paragraph truthfully, attaching a detailed sworn statement of the most recent incident, signing it before a notary or deputy clerk, and filing it with the clerk of court in the county where you live, where the abuser lives, or where the abuse happened, all under Florida Statute 741.30.

According to the Florida Department of Law Enforcement Uniform Crime Reports, Florida law enforcement agencies received more than 105,000 domestic violence offense reports in a single recent year, and roughly one in three of those incidents leads to a petition for protection. Filing CR2E098 is free, but every blank line, checkbox, and sworn fact carries legal weight that can decide whether a judge grants or denies your injunction the same day.

Here is what you will learn in this guide:

• 📝 How to complete every section of Form CR2E098 line by line, including the sworn affidavit
• ⚖️ How Florida Statute 741.28 defines “domestic violence” and “family or household member”
• 🔫 Why a granted injunction triggers federal firearm surrender under 18 U.S.C. 922(g)(8)
• 🌎 How Full Faith and Credit under VAWA makes your Florida injunction enforceable in all 50 states
• 🚫 The seven most common filing mistakes that get petitions dismissed and how to avoid them

What Florida Form CR2E098 Is and Who Can Use It

Florida Form CR2E098 is the statewide Supreme Court approved petition that starts a civil case for a domestic violence injunction. The form is published and updated by the Florida Courts self-help center and is the only petition the clerk will accept for a true domestic violence injunction. Filing the wrong form, like the CR2E108 Repeat Violence petition, when you actually have a domestic relationship, will get your case transferred or dismissed and delay the protection you need.

The form is governed by Florida Statute 741.30 and procedurally by Florida Family Law Rule 12.610. The plain-English version: you swear under oath that you are a victim of domestic violence or in imminent fear of becoming one, and the judge decides within hours whether to issue a temporary injunction without notice to the other side.

The consequence of filing a petition with false statements is severe. A petitioner who lies under oath can be charged with perjury under Florida Statute 837.02, which is a third-degree felony punishable by up to five years in prison. Real-world example: in Davis v. State, a petitioner who fabricated a strangulation claim to gain a custody advantage was prosecuted after text messages contradicted her sworn affidavit.

A common misconception is that CR2E098 is only for married couples. The statute actually covers a much wider circle, and using the wrong form because of that myth can cost you weeks of protection.

Who Qualifies as a “Family or Household Member”

Florida Statute 741.28(3) defines a family or household member as spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who have a child in common regardless of whether they have been married or lived together. With one critical exception, the law requires that the parties are currently residing together or have resided together in the past as if a family.

The consequence of misclassifying your relationship is dismissal. If you and the respondent only dated and never lived together and have no child in common, you must instead file a Petition for Injunction Against Dating Violence (CR2E118). The Fourth District Court of Appeal made this clear in Gustafson v. Mauck, which held that the trial court lacked subject matter jurisdiction over a domestic violence injunction where the parties never cohabited.

For example, Maria and Carlos were married for six years, divorced in 2024, and Carlos returned in 2026 to threaten her. Maria qualifies as a former spouse, so CR2E098 is the right form. By contrast, Jasmine dated Tyler for three months, never moved in, and has no child with him; she must use CR2E118 instead. The misconception that “domestic” means “romantic” trips up thousands of petitioners every year.

What Counts as Domestic Violence Under Florida Law

Florida Statute 741.28(2) defines domestic violence as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another. Pure verbal abuse without a credible threat does not meet the statutory definition, although it can support an “imminent fear” claim if paired with conduct that places the petitioner in reasonable apprehension.

The consequence of describing only emotional abuse without statutory acts is denial. In Gill v. Gill, the appellate court reversed an injunction that rested only on rude texts and yelling, holding that “general relationship discord” is not domestic violence. The court explained that imminent means about to happen, not someday possible.

A real-world example: Devon files CR2E098 and writes only that his wife “screams at him daily.” A judge will likely deny the temporary injunction because no statutory act is alleged. If Devon adds that she threw a phone at his head and threatened him with a kitchen knife last Tuesday, the petition meets the statutory threshold.

Where and How to File Form CR2E098

You file CR2E098 with the Clerk of the Circuit Court in any of three places under Florida Statute 741.30(1)(j): the county where you currently or temporarily reside, the county where the respondent resides, or the county where the domestic violence occurred. Filing in the wrong venue can lead to a transfer order that delays your hearing by a week or more, which matters when the temporary injunction lasts only 15 days.

There is no filing fee, no service fee, and no fee for certified copies of an injunction issued under Chapter 741. That is set by Florida Statute 741.30(2)(a) and applies even if you can otherwise afford to pay. The consequence of a clerk trying to charge you is a direct violation of statute, and you can ask for a supervisor or call the Florida State Courts Administrator.

A common misconception is that you need a lawyer to file. You do not. The Florida Supreme Court designed CR2E098 specifically for self-represented petitioners, and most clerks have a domestic violence intake unit to help you submit it the same day.

Filing in Person Versus E-Filing

Most petitioners file in person at the courthouse intake window, because you need to swear to the petition before a deputy clerk or notary, and many counties want the original signature in front of them. E-filing through the Florida Courts E-Filing Portal is allowed in some counties for self-represented petitioners, but the affidavit still must be notarized first. Check your county clerk’s website before assuming e-filing is open to pro se filers.

The consequence of a missing notary stamp is automatic rejection. The clerk will hand the petition back, and you will have to redo it before the judge sees anything. Aisha drove 45 minutes to her courthouse, signed the affidavit at home without a notary, and lost half a day because the clerk would not accept it.

A practical tip: arrive before 11:00 a.m. so the judge can review your petition the same day. Most circuits cut off same-day temporary injunction review at lunch, and waiting overnight means another night of risk.

Step-by-Step: Filling Out Every Section of CR2E098

The form has a caption, twelve numbered paragraphs, a sworn statement, and a notary block. Below is a walkthrough of each section with examples, consequences, and the misconceptions that trip people up.

The Caption: Court, County, and Case Number

At the very top, you write “In the Circuit Court of the [Number] Judicial Circuit, in and for [County] County, Florida.” You leave the case number blank because the clerk assigns it. You list yourself as the Petitioner and the abuser as the Respondent.

The consequence of writing the wrong circuit number is delay; the clerk will correct it, but it slows intake. You can confirm your circuit on the Florida Courts directory. Real-world example: Brianna in Vilnius-area transplant city Naples should write “Twentieth Judicial Circuit, Collier County.”

A common misconception is that “Petitioner” means “plaintiff.” The injunction docket uses Petitioner and Respondent, not Plaintiff and Defendant.

Paragraph 1: Petitioner Information

Paragraph 1 asks for your full legal name, date of birth, and an address where the court can reach you. You may use a confidential address under Florida Statute 741.30(3)(b) by also filing a Request for Confidential Filing of Address (Form 12.980(h)). If you skip the confidential-address request, your home address becomes part of the public record the respondent can pull up.

The consequence of revealing your address can be catastrophic. If your abuser does not know where you fled, listing the new address in Paragraph 1 hands him a roadmap. Sandra moved to her sister’s home, listed the new address, and her ex showed up the next morning before the injunction was even served.

The misconception is that the address must be your current residence. It does not. You can use a P.O. Box, a workplace, or a victim advocate’s address as long as the court can reach you there.

Paragraph 2: Respondent Information

Paragraph 2 asks for the respondent’s full name, date of birth, race, sex, height, weight, hair and eye color, Social Security number if known, driver’s license number if known, and home and work addresses. You give the sheriff this information so the deputy can identify and serve the right person.

The consequence of incomplete identifying details is a failed service. If the sheriff cannot find the respondent, the temporary injunction expires after 15 days under Florida Statute 741.30(5)(c) without ever becoming permanent. Marcus wrote “Tony” in Paragraph 2 with no last name; the deputy went to the wrong address and Tony was never served.

A misconception is that you must know the SSN. You do not. Write “unknown” if you do not know it, but include any nicknames, vehicles, and shift schedules in the notes so the sheriff can locate the respondent.

Paragraph 3: Jurisdiction and Relationship

Paragraph 3 asks you to check the box that describes your relationship to the respondent: spouses, former spouses, related by blood, related by marriage, currently or formerly residing together as a family, or having a child in common. You must check at least one box, because that is what gives the court jurisdiction under Florida Statute 741.28(3).

The consequence of not checking a box is dismissal for lack of jurisdiction. The Second District in Murray v. Davis affirmed dismissal where the petitioner failed to allege any qualifying relationship. The judge cannot guess.

The misconception is that “related by marriage” includes step-relations forever. It generally does, but only while the marriage that created the relationship still exists or recently ended; check with a legal aid office if your link is by a long-dissolved marriage.

Paragraph 4: Minor Children

Paragraph 4 asks whether you and the respondent have minor children together and whether any other custody case is pending. List every child by name, date of birth, and current residence. Disclose any open dependency, paternity, or dissolution case in any state.

The consequence of hiding a pending custody case is a possible Uniform Child Custody Jurisdiction and Enforcement Act problem under Florida Statute 61.501. Judges talk to each other across counties and states. Latoya failed to disclose a Georgia custody order, and the Florida judge dissolved the temporary injunction’s custody provision the next morning.

A misconception is that the injunction court cannot order timesharing. It can, on a temporary basis, under Florida Statute 741.30(5)(a)(3), even before a divorce is filed.

Paragraph 5: Other Pending Cases

Paragraph 5 asks about other pending or prior cases between you and the respondent, including criminal, civil, and prior injunction cases. Be thorough; the clerk and judge will pull these anyway through the Florida Comprehensive Case Information System.

The consequence of omitting a prior denied injunction is a credibility hit. Judges read denials as context, and hiding one suggests you are gaming the system. Be upfront and explain why this time is different.

A misconception is that dismissed criminal cases do not count. They do; list them, especially if they involved you and the respondent, even if charges were dropped.

Paragraph 6: Firearms and Ammunition

Paragraph 6 asks whether the respondent owns, possesses, or has access to firearms or ammunition. List every firearm you know about, including type, location, and concealed-carry permits. This box drives the firearm-surrender order under Florida Statute 790.233 and the federal prohibition under 18 U.S.C. 922(g)(8).

The consequence for the respondent is severe: once a final injunction is granted after notice and hearing, federal law makes it a felony for him to possess any firearm or ammunition for the duration. Kevin’s wife checked this box, listed his three pistols and AR-15, and the judge ordered surrender to the sheriff within 24 hours of service.

A misconception is that the temporary ex parte injunction triggers the federal firearm ban. It does not; only the final injunction after a noticed hearing meets the federal definition. State law in Florida, however, can require surrender on the temporary order.

Paragraph 7: Acts of Domestic Violence

Paragraph 7 is the heart of the petition. You describe the most recent incident of domestic violence in detail, including the date, time, location, and exactly what the respondent did. Use the statutory verbs from Florida Statute 741.28(2): assaulted, battered, stalked, threatened, kidnapped, falsely imprisoned, or sexually assaulted.

The consequence of a vague narrative is denial. Judges receive 50 to 100 petitions a day in busy circuits and need specific facts. Write “On May 12, 2026, at about 9:30 p.m. in our kitchen at 123 Main Street, Tampa, the Respondent grabbed me by the throat with both hands and squeezed for about 10 seconds while saying, ‘I will kill you,’” instead of “He hurt me again.”

The misconception is that you should hold back details for the hearing. Do not. The judge decides the temporary injunction only on the four corners of your petition, and you may not get a chance to add facts before he rules.

Paragraph 8: History of Abuse

Paragraph 8 asks for the history of domestic violence beyond the most recent incident. List prior incidents in chronological order with dates, even approximate, and outcomes (police reports, ER visits, prior injunctions). The Fifth District in Pickett v. Copeland held that a single old incident cannot support an “imminent fear” finding without additional pattern evidence.

The consequence of leaving Paragraph 8 blank is a weaker case for a permanent injunction. Pattern evidence is what convinces a judge that the fear is reasonable and ongoing.

A misconception is that you need police reports to mention an incident. You do not; sworn statements about events you personally witnessed are evidence.

Paragraph 9: Imminent Fear

Paragraph 9 asks why you are in imminent danger of becoming a victim of domestic violence. Even if no battery has happened yet, you can qualify if you can show objectively reasonable fear under Florida Statute 741.30(1)(a). The Fourth District in Cisneros v. Cisneros held that “imminent” means a present, real threat, not speculation.

The consequence of relying on stale incidents is denial of the temporary injunction. Patricia described an incident from 2019 with no follow-up; the judge denied her petition because nothing showed present danger.

The misconception is that you must already have been hit. You do not; threats with apparent ability and opportunity, combined with a credible pattern, can support an injunction.

Paragraphs 10, 11, 12: Relief Requested

Paragraphs 10 through 12 list the relief you want the judge to order. Check every box that applies:

• No-contact and stay-away from your home, work, school, and the children’s school
• Exclusive use of a shared residence
• Temporary timesharing and child support
• Surrender of firearms and ammunition
• Mandatory completion of a Batterers’ Intervention Program under Florida Statute 741.325
• Any other relief the court deems necessary

The consequence of not checking a box is no order on that issue. Judges generally cannot grant relief you did not request. Hannah forgot to check timesharing; the judge issued a no-contact order but left her kids in a shared schedule with the abuser until she filed an amended petition.

A misconception is that “any other relief” is a catch-all that covers everything. It does not; specific requests get specific orders, so check every box you need.

Three Most Common Petition Scenarios

Petitioner Situation	Likely Court Outcome
Spouse strangled the night before, no prior reports, no children	Same-day temporary injunction granted, 15-day return hearing set, firearm surrender ordered after notice
Former cohabiting partner sending escalating threats by text, has child in common	Temporary injunction granted with no-contact and temporary 100% timesharing to petitioner
Ex-spouse with a five-year-old battery conviction, no recent acts	Temporary injunction often denied for lack of imminent fear, full hearing set in 15 days

Three Named-Person Examples

Example 1 — Maria’s strangulation case. Maria, a Tampa nurse, files CR2E098 the morning after her husband strangled her. She writes the date, time, the words he used, and the bruises she photographed. She checks the firearm box because he owns a Glock 19. The judge grants the temporary injunction by 11:00 a.m. and sets the return hearing for day 14.

Example 2 — Carlos’s stalking pattern. Carlos files against his ex-wife, who has shown up uninvited at his apartment six times in two weeks and slashed his tires. He uses Paragraph 8 to list every date and uses Paragraph 9 to explain why he reasonably fears escalation. The judge grants a temporary injunction even though no battery occurred, citing Florida Statute 784.048 stalking conduct.

Example 3 — Aisha’s denied petition. Aisha files a petition that says only “He yells at me and is mean.” She does not list any statutory acts and does not allege imminent fear. The judge denies the temporary injunction and sets a hearing where Aisha will need evidence to proceed; she hires a Florida Bar Lawyer Referral Service attorney before the return date.

Mistakes to Avoid

• Filing the wrong injunction form: Using CR2E098 when you only dated and never cohabited results in dismissal, costing you 15 days of protection.
• Listing your safe address in Paragraph 1: Skipping the confidential-address motion gives the abuser a public-record map to your new home.
• Vague narrative in Paragraph 7: “He hurt me” without dates and acts gets temporary injunctions denied at the four-corners review.
• Skipping the notary: An unsworn petition is invalid; the clerk will reject it and you start over.
• Hiding a prior denied injunction: Judges find it through the Comprehensive Case Information System and treat the omission as a credibility problem.
• Failing to check every relief box: A judge will not order timesharing, exclusive use, or firearm surrender if you did not request it.
• Filing in the wrong county: Venue mistakes lead to transfer orders and a week of lost protection.
• Forgetting to list firearms: Without Paragraph 6 details, the sheriff has no list to collect, and federal 18 U.S.C. 922(g)(8) compliance is harder to enforce.
• Missing the return hearing: If you do not appear, the temporary injunction dissolves automatically under Florida Statute 741.30(5)(c).

Federal and State Consequences of a Granted Injunction

A final injunction issued after notice and hearing is more than a state piece of paper. Under the Violence Against Women Act Full Faith and Credit clause, every state, tribe, and U.S. territory must enforce your Florida injunction as if it were their own. That means if your respondent flees to Georgia and approaches you there, Georgia police can arrest him on the Florida order.

The federal firearm ban under 18 U.S.C. 922(g)(8) makes it a felony, punishable by up to 15 years under the Bipartisan Safer Communities Act, for the respondent to possess any firearm or ammunition while a qualifying final injunction is in effect. The consequence is automatic at the federal level the moment the final order is signed.

State-level Florida consequences include mandatory surrender to law enforcement under Florida Statute 790.233, a permanent record on the Florida Crime Information Center database, and possible arrest for any violation under Florida Statute 741.31, which is a first-degree misdemeanor for a first offense and a third-degree felony for repeat or aggravated violations.

A misconception is that the injunction “expires” automatically. Florida final injunctions can be permanent until modified by the court, as confirmed in Alkhoury v. Alkhoury, where the appellate court held that the burden is on the respondent to move for dissolution.

Do’s and Don’ts of Filing CR2E098

Do’s:

• Do file in person before 11:00 a.m. so the judge can review your petition the same day.
• Do attach photos, screenshots, and police report numbers to support Paragraph 7.
• Do request the confidential address motion when your safety depends on the abuser not knowing where you live.
• Do list every firearm and ammunition source so the sheriff has a clear inventory to seize.
• Do appear at the return hearing prepared with witnesses, medical records, and certified text-message printouts.

Don’ts:

• Don’t exaggerate; perjury under Florida Statute 837.02 is a third-degree felony.
• Don’t use only Paragraph 9 fear language without any specific act in Paragraph 7.
• Don’t contact the respondent after filing, even to apologize, because it undermines your credibility.
• Don’t file in a county where neither party lives and where nothing happened.
• Don’t forget to ask for temporary timesharing if you and the respondent share children.

Pros and Cons of Seeking a Domestic Violence Injunction

Pros:

• Free of charge under Florida Statute 741.30(2)(a).
• Same-day temporary protection in most counties.
• Federal firearm prohibition for the abuser after final hearing.
• Nationwide enforcement under VAWA Full Faith and Credit.
• Temporary timesharing and exclusive use of the home without filing for divorce.

Cons:

• Public court record unless sealed under narrow circumstances.
• Possible counter-petition by the respondent escalating litigation.
• Final injunction requires you to testify in front of the abuser at the return hearing.
• Violations sometimes take hours for police to act on, depending on staffing.
• A denied petition can be used against you in later custody disputes.

Key Entities Involved in a CR2E098 Case

The Clerk of the Circuit Court receives, dockets, and forwards your petition to the duty judge. The duty judge reviews the four corners of your petition and decides the ex parte temporary injunction within hours. The sheriff or law enforcement agency in the county where the respondent lives serves the order and seizes any firearms.

The Florida Department of Children and Families funds certified domestic violence centers that provide free advocates to help fill out CR2E098. The Florida Coalition Against Domestic Violence runs the statewide hotline at 1-800-500-1119. The Florida Bar Lawyer Referral Service connects pro se petitioners with reduced-fee attorneys for the return hearing.

Comparing Florida’s Five Civil Injunctions

Form Number	Type of Injunction
CR2E098	Domestic Violence (family or household members)
CR2E108	Repeat Violence (two incidents, one in last 6 months)
CR2E118	Dating Violence (continuing romantic relationship in last 6 months)
CR2E126	Sexual Violence (one qualifying sexual offense)
CR2E063	Stalking and Cyberstalking (no relationship required)

Key Court Rulings to Know

The Florida Supreme Court in Hobbs v. Hobbs clarified that judges must make explicit findings on the record about either an act of domestic violence or imminent fear. The Fourth District in Gustafson v. Mauck dismissed a CR2E098 case where the parties never cohabited. The Fifth District in Pickett v. Copeland held that a single stale incident does not establish imminent fear without ongoing pattern.

The Second District in Murray v. Davis affirmed dismissal for lack of qualifying relationship. The Fourth District in Cisneros v. Cisneros explained that “imminent” means present and real, not speculative. These rulings shape how every Florida judge reads your CR2E098 petition.

FAQs

Is there a filing fee for Florida Form CR2E098?

No. Under Florida Statute 741.30(2)(a), the clerk cannot charge any filing, service, or certified-copy fee for a domestic violence injunction petition.

Can I file CR2E098 if I never lived with the abuser?

No. Unless you have a child in common, the statute requires past or present cohabitation as a family; otherwise, you must file the CR2E118 dating violence form.

Does the temporary injunction take away the respondent’s guns immediately?

Yes. Florida law under 790.233 requires surrender on the temporary order, although the federal felony ban under 922(g)(8) attaches only after the final hearing.

Can I get child support through Form CR2E098?

Yes. Under Florida Statute 741.30(6)(a)(4), the judge can award temporary child support and timesharing as part of the final injunction.

Will my Florida injunction work in another state?

Yes. VAWA Full Faith and Credit requires every U.S. state, tribe, and territory to enforce your Florida injunction as if it were their own.

Can I drop the injunction later?

Yes. Either party may file a motion to dissolve or modify under Florida Family Law Rule 12.610, but only the judge, not the petitioner, can actually end the order.

Do I need a lawyer to file CR2E098?

No. The form is designed for self-represented petitioners, and free help is available through certified centers funded by the Florida DCF.

Can the respondent file a counter-petition against me?

Yes. The respondent can file his own CR2E098 alleging you committed domestic violence, and the court may consolidate both for one hearing under Florida Family Law Rule 12.610.

Does a denied temporary injunction kill my case?

No. Even when the ex parte order is denied, the court still sets a full evidentiary hearing where you can present testimony, witnesses, and documents to seek a final injunction.

Can I file CR2E098 against a same-sex partner?

Yes. Florida Statute 741.28 is gender-neutral and applies to any qualifying family or household member regardless of the parties’ sex or gender.

What happens if the respondent violates the injunction?

Yes, it is a crime; under Florida Statute 741.31, a first violation is a first-degree misdemeanor and repeat or aggravated violations rise to a third-degree felony.

Can I include my children as protected persons on CR2E098?

Yes. You can list minor children in Paragraph 4 and request that the no-contact and stay-away provisions extend to them under Florida Statute 741.30(5)(a)(3).