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Domestic Violence
Injunctions /
Repeat Violence Injunctions /
Dating Violence Injunctions
Protective injunctions, better
known as restraining orders, are court orders that restrict a person's
behavior. They have been around for years and are easily abused. Below are the descriptions and
requirements for each type of injunction. For more information on
representation please call and make an appointment for a free
consultation.
The Domestic Violence
Injunction
The law establishing this
injunction is found in section 741.30, Florida Statutes. This
statute allows any family or household member (see the
Domestic Violence page for a complete
definition) to seek an injunction against any other family or household
member. The petitioner must have been a victim of domestic violence
or has reasonable cause to believe he or she is in imminent danger of
becoming the victim of any act of domestic violence. Evidence
must be in writing to the court with copies to the other party or must be
presented during the hearing by sworn testimony. The injunction may
be filed in the circuit court where the petitioner currently or
temporarily resides, where the respondent resides, or where the domestic
violence occurred.
Elements:
1. Must be between
family or household members.
2. The petitioner must claim to have been the victim of DV or is in
fear of imminent DV attack.
3. The sworn petition shall allege the existence of such domestic
violence and shall include the specific facts and circumstances.
3. Jurisdiction: Where petitioner currently resides, temporarily
resides, where respondent resides, where domestic violence occurred.
Cautions: If the
petition is granted the respondent will be required to complete a 26 week
Batterers' Intervention Program (and pay for it) if (a) the respondent has
willfully violated the temporary injunction or (2) has ever been found
guilt of a crime involving violence (batteries) or threat of violence
(assaults).
The Repeat Violence Injunction
The law that establishes this
injunction is found section 784.046, Florida Statutes. This statute
allows any person who is the victim of repeat violence to seek an injunction against
the person causing the violence. Repeat Violence means
two (2) incidents of violence or stalking with one incident having
occurred within the last six months*. Violence means any
assault, aggravated assault, battery, aggravated battery, sexual assault
or battery, stalking, aggravated stalking, kidnapping, or false
imprisonment, or any criminal offense resulting in physical injury or
death. Evidence must be in writing to the court with copies to the
other party or must be presented during the hearing by sworn testimony.
The injunction may be filed in the circuit court where the petitioner
currently or temporarily resides, where the respondent resides, or where
the violence occurred.
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.
Cautions: If the
petition is granted the Court has the authority to order such relief as
the Court deems necessary for the protection of the petitioner. This
means that the Judge can order the respondent into counseling, restrict
respondent's movement, or order the respondent to pay a monetary
assessment. Enforcement of these injunctions are typically through
the criminal courts.
*The current legislative
session is moving toward amending this law to include a single act of
violence.
The Dating Violence Injunction
The law that establishes this
injunction is found section 784.046, Florida Statutes. This statute
allows any person who is the victim of dating violence to seek an injunction against
the person causing the violence. Dating Violence means
violence between individuals who have or have had a continuing and
significant relationship of a romantic or intimate nature.
Violence means any assault, aggravated assault, battery, aggravated
battery, sexual assault or battery, stalking, aggravated stalking,
kidnapping, or false imprisonment, or any criminal offense resulting in
physical injury or death. Evidence must be in writing to the court
with copies to the other party or must be presented during the hearing by
sworn testimony. The injunction may be filed in the circuit court
where the petitioner currently or temporarily resides, where the
respondent resides, or where the violence occurred.
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.
Cautions: If the petition is granted the
Court has the authority to order such relief as the Court deems necessary
for the protection of the petitioner. This means that the Judge can
order the respondent into counseling, restrict respondent's movement, or
order the respondent to pay a monetary assessment. Enforcement of
these injunctions are typically through the criminal courts.
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