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[ Domestic Violence ]
[ Dating Violence ]
[ Sexual Violence ]
[ Repeat Violence ]
Domestic Violence
An Injunction for Protection Against Domestic Violence is a court order that
directs a person not to have any contact with you. It used to be referred to as
a "Restraining Order". You may be eligible for an Injunction for Protection if
you are or have been a victim of domestic violence or have reasonable cause to believe
that you are in imminent danger of becoming the victim of domestic violence.
Domestic Violence means 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. An Injunction for Protection
from Domestic Violence may be obtained from the Clerk of Circuit Court's
office by applying in person. Certain eligibility requirements must be
met pursuant to Chapter 741, Florida Statutes. Clerk's office personnel will
assist the Petitioner by screening him or her for eligibility and in completing
the required forms. No fee is assessed for filing an Injunction.
In order to obtain an Injunction against someone, you must have a
relationship with that person which meets one of the following criteria:
- A spouse
- A former spouse
- A person related by blood or marriage who has lived together with you in the same dwelling
- A person who has lived together with you in the same dwelling as though they were your spouse
- A person with whom you have had a child together, even if you have never
lived together
While an Injunction may be continued for an indefinite period of time (after a hearing),
either the petitioner or respondent may complete a Motion for Modification and it will be forwarded
to the assigned judge for consideration. Clerk's personnel will assist in the completion of the form.
Dating Violence
An Injunction for Protection against Dating Violence is a
court order that directs a person not to have any contact with you. It may be referred to
as a Restraining Order or an Order of Protection. You may be eligible for an Injunction
for Protection if you have been a victim of Dating Violence or have reasonable cause to believe
that you are in imminent danger of becoming the victim of Dating Violence.
Dating Violence means any violent (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. An Injunction for Protection against Dating Violence may be obtained from the Clerk of
Circuit Courts office by applying in person. Certain eligibility requirements must be met
pursuant to Chapter 784, Florida Statutes. Clerks office personnel will assist the
Petitioner by screening him or her for eligibility and in completing the
required forms. No fee is assessed for filing an Injunction.
In order to obtain an Injunction for Protection against Dating Violence, you must have:
- Had a dating relationship that must have existed within the past six months; and
- Had a relationship characterized by the expectation of affection or sexual involvement
between he parties; and
- Had a relationship where the frequency and type of interaction between the person involved
must have included that the person has been involved over time and on a continuous basis
during the course of the relationship.
Note: Parties cannot be spouses/former spouse, have lived together as if a family or have a child
in common.
While an Injunction may be continued for an indefinite period of time (after a hearing),
either the petitioner or respondent may complete a Motion for Modification and it will be forwarded
to the assigned judge for consideration. Clerk's personnel will assist in the completion of the form.
Sexual Violence
An Injunction for Protection Against Sexual Violence is a
court order that directs a person not to have any contact with you. It may be referred to as a
Restraining Order or an Order of Protection. You may be eligible for an Injunction for
Protection if you have been a victim of Sexual Violence.
Sexual Violence means any one incident of (1) Sexual battery
as defined in chapter 794; (2) A lewd or lascivious act, as defined in chapter
800, committed upon or in the presence of a person younger than 16 years of
age; (3) Luring or enticing a child, as described in chapter 787; (4) Sexual
performance by a child, as described in chapter 827; or (5) Any other forcible
felony wherein a sexual act is committed or attempted, regardless of whether
criminal charges based on the incident were filed, reduced, or dismissed by the
state attorney. An Injunction for Protection against Sexual Violence may be
obtained from the Clerk of Circuit Courts office by applying in person. Certain eligibility
requirements must be met pursuant to Chapter 784, Florida Statutes. Clerks office personnel
will assist the Petitioner by screening him or her for eligibility and in completing the required
forms. No fee is assessed for filing an Injunction.
In order to obtain an Injunction for Protection against
Sexual Violence:
- You must be a person(s) 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; and
- You must have reported the sexual violence to a law enforcement agency and be
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 party 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 partys term of imprisonment has expired or is due to
expire within 90 days following the date the petition is filed
While an Injunction may be continued for an indefinite period of time (after a hearing),
either the petitioner or respondent may complete a Motion for Modification and it will be forwarded
to the assigned judge for consideration. Clerk's personnel will assist in the completion of the form.
Repeat Violence
An Injunction for Protection against Repeat Violence is a
court order that directs a person not to have any contact with you. It may be referred to as
a Restraining Order or an Order of Protection. You may be eligible for an Injunction for
Protection if you have been a victim of Repeat Violence.
Repeat Violence means any two incidents of violence
(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) or
stalking committed by the respondent, one of which must have been within six
(6) months of the filing of the petition, which are directed against the
petitioner or the petitioners immediate family member(s).
Parties who may file for an Injunction for Protection against
Repeat Violence are parties who are victims of Repeat Violence and do not
qualify to file a Domestic Violence, Dating Violence or Sexual Violence
Injunction. These parties are typically neighbors, co-workers, or former
co-workers.
While an Injunction may be continued for an indefinite period of time (after a hearing),
either the petitioner or respondent may complete a Motion for Modification and it will be forwarded
to the assigned judge for consideration. Clerk's personnel will assist in the completion of the form.
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Florida's public records laws protect the identity of a person who is a victim of sexual offense.
Addresses, telephone numbers, and social security numbers of persons in the Address Confidentiality
Program for Victims of Domestic Violence held by the Office of the Attorney General are also protected
by Florida law.
If you have previously signed a request for name exemption and have questions, please contact
the injunction clerk.
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For additional information, refer to these topics:
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