What are injunctions for protection against domestic violence, injunctions for protection against repeat violence, injunctions for protection against dating violence and injunctions for protection against sexual violence?
An injunction is a court order signed by a judge that can be served and or enforced by law enforcement. Injunctions for Protection Against Domestic Violence may be issued against a spouse or former spouse, a person related by blood or marriage, a person which you are presently living with or have formerly lived with, as if a family, or against someone with whom you have a child in common, regardless whether you were ever married to that person or lived with them.
If a person falling within one of the previous descriptions has committed a crime against you resulting in your physical injury, or that person has placed you in fear (with words or physical acts), and made you believe you would be immediately harmed by an unlawful act of violence, you may have grounds to ask the court for an Injunction for Protection Against Domestic Violence.
An Injunction for Protection Against Repeat Violence may be issued if someone has committed two separate acts of violence or stalking, one being within the last six months, against you. The Injunction for Protection Against Repeat Violence is available for those individuals not covered by the Domestic Violence Injunctions. These are sometimes filed against neighbors, friends, or co-workers.
Injunctions for Protection Against Dating Violence may be issued against an individual with whom you have or had a continuing and significant relationship of a romantic or intimate nature. It is determined by consideration of such facts as the dating relationship existed within the past six months, the nature of the relationship included an expectation of affection or sexual involvement and the frequency and type of interaction between you and the individual included involvement over time and on a continued basis.
Injunctions for Protection Against Sexual Violence may be issued if ONE INCIDENT of the following acts occur regardless of whether criminal charges based on the incident were filed, reduced or dismissed by the state attorney. Sexual battery, as defined in Florida Statutes Chapter 794. A lewd or lascivious act, as defined in Florida Statutes 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 Florida Statutes Chapter 787. Sexual performance by a child, as described in Florida Statutes Chapter 827. Any other forcible felony wherein a sexual act is committed or attempted. It is a requirement that the sexual violence be reported to a law enforcement agency and that the person filing the petition cooperate in the investigation. A petition may be filed against a respondent who was sentenced to imprisonment for the sexual violence and who has been or will be released from incarceration. A person who is the victim of sexual violence or the parent or legal guardian of a minor child who is living at home who is the victim of sexual violence has standing in the circuit court to file a sworn petition for an injunction for protection against sexual violence on his or her own behalf or on behalf of the minor child if: The person has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceedings against the respondent, regardless of whether criminal charges based on the sexual violence have been filed, reduced or dismissed by the state attorney, 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 is filed.
If an injunction for protection against domestic violence, repeat violence, dating violence or sexual violence, is granted by the court, the judge may order the other party not to have contact with you and not to harm you mentally or physically.