Domestic Violence

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, by a person against any other person.

Domestic Violence (Florida Statutes 741.28)

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 family or household member.

Family or household member

means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married with the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

Repeat Violence

means two (2) incidents of violence or stalking committed by the respondent, on of which must have been within six (6) months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.

Any person who is the victim of repeat violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against repeat violence on behalf of the minor child, has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence.

Dating Violence

means violence between individuals who have had or still have a continuing and significant relationship of a romantic or intimate nature. The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context. The existence of a continuing and significant relationship shall be determined based on the consideration of the following factors:

  1. A dating relationship must have existed within the past six (6) months
  2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties
  3. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship
    Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child, has standing in circuit court to file a sworn petition for an injunction for protection against dating violence.

If you are a victim of stalking, you can use this form to ask the court for a protective order prohibiting stalking. Stalking means the repeated following, harassment, or cyberstalking of one person by another. Cyberstalk means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic maii or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

This cause of action for an injunction shall not require that the petitioner be represented by an attorney.

The clerk of the court shall provide a copy of this section, simplified forms, and clerical assistance for the preparation and filing of such a petition by any person who is not represented by counsel.