Injunctions

Domestic, Repeat, Dating, and Sexual Violence Injunctions

Domestic Violence

Florida Statue 741.28 (2)(3) defines “domestic violence” as any incident of assault, aggravated assault, battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment or any criminal offence resulting in physical injury, or death of one “family or household member”, such 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 are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing together or have in the past, resided together in the same single dwelling unit.

Repeat Violence

Florida Statue 784.046(1)(a)(b) defines “repeat violence” as any two incidents of assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment or any criminal offense resulting in physical injury, or death committed by another person, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.

Dating Violence

Florida Statue 784.046(1)(d) defines “dating violence” as any incident of assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment or any criminal offense resulting in physical injury, or death between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship must have existed within the past 6 months, by the expectation of affection or sexual involvement between the parties, and the frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship. The term does not include violence in a causal acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.

Sexual Violence

Florida Statue 784.046(1-5)(c) defines “sexual violence” as any incident of sexual battery, as defined in chapter 794; a lewd or enticing act as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age: luring or enticing a child, as described in chapter 787; sexual performance by a child, as described in chapter 827; or any other forcible felony wherein a sexual act is committed or attempted.

If the petitioner is a victim of sexual violence or the parent or legal guardian of a minor child who is living at home and is a victim of sexual violence, use this form. In order to get an injunction, you must have reported the sexual violence to a law enforcement agency and be cooperating in the criminal proceeding if there is one. It does not matter whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney’s office. You may also seek an injunction for protection against sexual violence if the respondent was sent to prison for committing one of the sexual violence crimes against you or your minor child living at home and respondent is out of prison or is getting out of prison within 90 days of your petition.