Injunctions for protection, commonly called a "restraining order", is a court order prohibiting a person from making contact with another person. There are four basic types of injunctions in Florida. Below are the descriptions and requirements. For more information on representation please call and make an appointment for a free consultation.
1) Domestic Violence Injunction:
As defined in Chapter 741 of the Florida Statutes, "Domestic violence means an 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 to any family or household member by another who is or was residing in the same single dwelling unit. Family or household member means 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 have resided together at any time."
Basic Elements:
1. Must be between family or household members.
2. The petitioner must claim to have been the victim of domestic violence or is in fear of imminent attack.
3. The sworn petition shall allege the existence of such domestic violence and shall include the specific facts and circumstances.
4. Jurisdiction: Where petitioner currently resides, temporarily resides, where respondent resides, where domestic violence occurred.
2) Repeat Violence Injunction:
As defined in Chapter 784 of the Florida Statutes, "Repeat violence means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed a against the petitioner or the petitioner's immediate family member."
Basic Elements:
1. The petitioner must allege two (2) acts of violence by the respondent*.
2. One act must have been within the last six months.
3) Dating Violence Injunction:
As defined in Chapter 784, of the Florida Statutes, ""Dating violence" means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors: (a) A dating relationship must have existed within the past 6 months; (b) the nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; AND (c) 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. Dating violence does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context."
Basic Elements:
1. The petitioner and respondent must be in or have been in a significant relationship.
a. A dating relationship must have existed within the last six months.
b. The relationship must have been characterized by the expectation of affection or sexual involvement.
c. The relationship must have been involved over time and on a continuous basis (casual acquaintanceship or ordinary fraternization is not included).
2. An act of violence must be alleged in the petition.
4) Sexual Violence Injunction
If you or a member of your immediate family is a victim of sexual violence, you may ask the court for a protective order (injunction) prohibiting further sexual violence. Sexual violence means any one incident of:
- Sexual battery as defined in Florida Statute Chapter 794; or
- A lewd and lascivious act, as defined in Florida Statute Chapter 800; or
- Luring or enticing a child, as described in Florida Statute Chapter 787; or
- Sexual performance by a child, as described in Florida Statute
Chapter 827; or - Any other forcible felony wherein a sexual act is committed or committed.
An order for protection may be requested regardless of whether or not any criminal charges based upon the incident were filed, reduced or dismissed by the State Attorney's office.
One of the following factors must exist in order for you to qualify for a sexual violence injunction:
- The petitioner has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceeding against the respondent, regardless of whether or not criminal charges based upon the sexual violence have been filed, reduced or dismissed by the State Attorney's office.
OR
- The respondent who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent's term of imprisonment has expired or is due to expire within 90 days following the date the Petition for Injunction for Protection Against Sexual Violence is filed.
If at least one of the two above factors do not exist in your situation, you cannot file for an injunction against sexual violence. However, you may qualify for one of the other types of injunctions (domestic, repeat or dating).
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