Injunctions for Protection Against Domestic Violence may be issued against a spouse or former spouse, a person related by blood or marriage, a person which you are presently living with or have formerly lived with, as if a family, or against someone with whom you have a child in common, regardless whether you were ever married to that person or lived with them.If a person falling within one of the previous descriptions has committed a crime against you resulting in your physical injury, or that person has placed you in fear (with words or physical acts), and made you believe you would be immediately harmed by an unlawful act of violence, you may have grounds to ask the court for an Injunction for Protection Against Domestic Violence.When a party files for a dating violence injunction, the Court determines whether or not a temporary injunction is appropriate based solely on the allegations contained in the Petition and whether the Court feels there is an immediate danger based on these allegations.
As defined in the Florida Statutes Chapter 784, "Repeat violence means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." As defined in the Florida Statutes Chapter 784, "Stalking means someone is purposefully following or harassing you repeatedly over a period of time for no legitimate purpose, causing you emotional stress.
If in doing so, he/she threatens your life or threatens to harm you, with the intent to cause you to reasonable fear for your safety, then the act becomes aggravated.
"Protective injunctions," as they are known in Florida, or "restraining orders" as they are commonly called are court orders restricting a person's rights, such as the rights to travel, bear arms, and speech.
These type of restrictions are employed only when circumstances (and the evidence) permits and, because they restrict time honored rights, are employed sparingly (or should be).
A person who willfully violates an injunction for protection against dating violence issued pursuant to Florida Statute 784.046 commits a misdemeanor of the first degree punishable by up to 1 year in the county jail.