FIVE TYPES OF DOMESTIC VIOLENCE INJUNCTIONS
The purpose of this blog is to provide basic information on the five different types of injunctions available to petitioners in Florida. It is not designed to give legal advice or be a substitute for Florida law.
A person may qualify for an injunction if they are a victim of violence or stalking or fear that they are in imminent danger of becoming a victim. There are different kinds of injunctions. Each type is used for a different situation. Florida law provides 5 types of civil protective injunctions: Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, and Stalking.
1.Domestic Violence:
- To protect an adult or minor child from violence by family or household
members. - A parent or legal guardian may file on behalf of a minor child living at home.
- A parent may seek an injunction against the other parent of a child in
common, whether or not they ever married or lived together. - The petitioner must either be a victim of domestic violence or reasonably
believe he or she is in imminent danger of becoming a victim. - Requires the court to address child support and time-sharing if minor children
are involved and the petitioner requests it. - Requires filing of additional documents if minor children are involved so
issues regarding support and time-sharing can be addressed.
2. Repeat Violence
- To protect an adult or minor child from repeated violence or stalking.
- A parent or legal guardian may file on behalf of a minor child living at home.
- Requires at least two separate incidents of violence or stalking.
- Requires one of the incidents to have been within 6 months of the filing of
the petition. - Stalking requires repeated following or harassing, not just one incident.
- Requires actual acts of violence or stalking, not just a threat to do the same.
3. Dating Violence
- To protect an adult or minor child from dating violence.
- A parent or legal guardian may file on behalf of a minor child living at home.
- The petitioner must be a victim of an act of dating violence and must reasonably believe he or she is in imminent danger of becoming a victim again; or
- The petitioner must reasonably believe that he or she is in imminent danger of becoming a victim.
- Requires a dating relationship between the parties within the past 6 months.
- Requires that relationship to have an expectation of affection or sexual
involvement. - Does not apply to casual acquaintances, including those in a business or
social context.
4. Sexual Violence
- To protect an adult or minor child from sexual violence.
- A parent or legal guardian may file on behalf of a minor child living at home.
- Requires the adult petitioner to be a victim of sexual battery or any other
forcible felony where a sexual act is committed or attempted. - Requires the minor child petitioner to be a victim of a lewd or sexually indecent act in his or her presence; or
- Requires luring or enticing of the child; or
- Requires sexual performance by the child.
- Requires a sexual violence victim to have reported the sexual violence to a law enforcement agency and to cooperate in any criminal proceeding, regardless of the status of any criminal charges based on the sexualviolence; or
- Requires the offender sentenced to prison for the sexual violence, to either have been released or is due to be released within 90 days.
5. Stalking
- To protect an adult or minor child from stalking or harassment.
- A parent or legal guardian may file on behalf of a minor child living at home.
- Requires the offender to repeatedly follow, harass or cyberstalk.
- Cyberstalking means stalking done electronically.
- Requires a credible verbal or nonverbal threat of stalking, including threats
made by electronic communication or implied from behavior. - Requires a course of conduct directed at the petitioner which causes him or
her substantial emotional distress and serves no legitimate purpose.
