Under Florida Statute Section 741.28 Domestic Violence is defined as any:
- Sexual assault;
- Sexual battery;
- Kidnapping or false imprisonment or;
- Any criminal offense
Which results in physical injury, or death of one “family or household” member by another who is, or was, residing in the same single dwelling unit.
“Family or ” household” members include:
- Spouses or former spouses;
- Those related by blood or marriage;
- Those who are or were residing in the same single dwelling unit (including same sex relationships);
- As well as those who have a child in common regardless of whether they have ever resided together.
An Injunction for Protection may order the abuser to:
- Immediately stop the violence or harassment;
- Leave the shared home;
- Avoid contact with the victim at home, work or school;
- Attend any appropriate counseling.
These injunctions can also provide for temporary custody, visitation, and child or spousal support.
You do not have to file any other civil action (such as divorce), or call the police in order to obtain an Injunction for Protection.
TYPES OF INJUNCTIONS
Injunction for Protection Against Domestic Violence
These types of Injunctions can protect you from family or household members. You can file this petition if the abuser is your:
Husband or wife,
Ex-husband or wife,
Any person related to you by blood or marriage (such as your aunt, cousin or brother-in-law),
Any person who lives or lived in your household as if they were part of the family (such as a boyfriend or girlfriend of another family member), and
The mother or father of your baby, even if they have never lived with you or been married to you.
You can file this Injunction after just ONE violent occurrence. It is NOT required that these abuser’s live with you for you to file this Injunction.
Petition for Injunction Against Repeat Violence
You may file this Injunction if:
- The abuser has committed at least two acts of violence (including stalking) against you or any member of your immediate family; and
- One of those two acts of violence has occurred within the last six months.
Petition for Injunction Against Dating Violence
You may file this Injunction if you and the abuser have or have had a continuing and significant relationship of a romantic or intimate nature within the past six months.
Dating violence does not include violence in:
A casual acquaintanceship; or
Violance between individuals who have only socialized in a business or social context.
Petition for Injunction Against Sexual Violence
You may file this Injunction if you are a victim of sexual violence as it is defined in the Florida Statutes.
Eligibility for this Injunction requires that you:
Reported the incident of violence to the police or other law enforcement agency; and
Are cooperating in any criminal proceeding against the abuser
How do I know if I have been a victim of ” sexual violence” ? Where is an act of ” sexual violence” defined?
It is defined in several different sections of the Florida Statutes and the law enforcement agency to which you report the incident will help you understand whether an act of sexual violence, as defined in the law, was committed.
You also may file these petitions on behalf of any minor child (under the age of 18 or, if older, a person who has not yet been emancipated) who is living at home and who is the victim of the violence for which protection is sought.
If you have any questions regarding a case involving the above referenced matters call us today and find out how we can help you.