Domestic violence (or domestic abuse) is when two people are involved in physical violence or infliction of fear or threat of physical harm. In Florida, the abused party may seek a Domestic Violence Injunction to protect the person and/or children from harm.
There are four types of domestic violence legal cases regarding Injunctions for Protection in Florida: domestic violence, repeat violence, dating violence and sexual violence.
A. Domestic Violence.
Spouses, former spouses, persons related by blood or marriage, persons who live together as a family, and persons who are parents of a child in common, constitute a “family or household member”. A “family or household member” who reside together in a single dwelling unit or in the past have so resided together (except for parents of a child in common) may seek protection against domestic violence by filing a sworn petition at the Clerk of Court’s office. If the Court believes that there exists, an immediate and present danger of domestic violence, then a temporary injunction may be granted, for a period not to exceed 15 days, during which period of time a full hearing shall take place.
B. Repeat Violence
A person who is a victim of repeat violence may also file a sworn petition at the Clerk of Court’s office. “Repeat violence” includes two incidents of violence or stalking committed by the Respondent against the alleged victim or his or her (victim’s) family, one of which must have been within 6 months of the filing of the Petition.
C. Dating Violence
A person is a victim of dating violence when there is assault, stalking, kidnapping or some other criminal offense resulting in physical injury between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The dating relationship must have existed within the past six months, the nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties, and the frequency and type of interaction must have included that the persons have been involved over time and on a continuous basis during the course of the relationship. Dating violence 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.
D. Sexual Violence
A person who is a victim of sexual violence or the parent or legal guardian of a minor child who is living at home and is a victim of sexual violence can ask the court for a protective order prohibiting sexual violence. Sexual violence has a specific definition under the Florida Statutes.
©2013 The Law Offices of Aimee Trinoskey
The information on this website is not, nor is it intended to be, legal counsel nor the creation of an attorney-client relationship. Please consult an attorney for individual advice concerning your individual situation. Aimee Trinoskey is a St. Petersburg, Florida family law attorney who practices in the area of domestic violence, divorce, child custody and child support, step parent adoptions, and alimony. She can be reached at 727-327-3020.