In the State of Florida, there are several different types of injunctions. An injunction, more commonly known as a restraining order, provides individuals with a court order that delineates specifically how a person is to stay away from the Petitioner. The statutes are very specific on who can file and under what circumstances. Below is a brief explanation of each.
First, there is a domestic violence injunction. This type of injunction may only be filed against someone if they are related to the Petitioner, either by blood or marriage; currently resides with or has resided with Petitioner as a family; or if they have a child in common. The Petitioner may only file if they have been or have reasonable cause to believe they are in imminent danger of, domestic violence. Pursuant to the statute, domestic violence is defined as "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."
Second is a stalking injunction. In order to be successful in obtaining an injunction under these grounds, the Petitioner must prove there have been at least two instances of stalking. With technology as advanced as it is now, cyberstalking is also now a part of the statute and provides protection against such conduct.
Third, repeat violence against an individual can result in an injunction. As with stalking, there must be at least two incidents of violence or stalking committed by the Respondent, one of which must be within six months of filing. No relationship is required between the parties.
Next, there are dating injunctions. Dating violence means "violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature."
Lastly, there are sexual injunctions. Sexual violence is specifically defined in various Florida statutes, including chapter 794, 800, 787, and 827. Again, as is true with repeat violence, a specific relationship between the parties is not necessary in order to obtain protection.
The statutes are very specific on how and under what circumstances someone may petition and obtain an injunction. It is incredibly important for a Petitioner to contact an attorney to prepare the paperwork, particularly because a temporary decision is made by a judge and a future trial date is immediately set that same day. Contact us for a free phone consultation.