If I am not eligible to get an injunction for protection against domestic violence, is there some other injunction that I can get for protection against violence?
Yes. If you do not qualify for an injunction for protection against domestic violence, you might qualify for one of these other types of injunctions:
1. Injunction Against Repeat Violence. You may file for an injunction against repeat violence against anyone who has committed at least two acts of violence or stalking against you or a member of your immediate family (your child, your parents, or a sister or brother) and one of those two acts of violence has occurred within the last six months.
2. Injunction Against Dating Violence. You may file for an injunction against dating violence if you have been abused or reasonably believe you are in immediate danger of becoming the victim of abuse by someone you have or 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 violence between individuals who have only socialized in a business or social context.
3. Injunction Against Sexual Violence. You may file for an injunction against sexual violence if you are a victim of sexual violence, as it is defined in the Florida statutes. To be eligible to file a petition for an injunction against sexual violence, you must have reported the incident of violence to the police or other law enforcement agency and be cooperating in any criminal proceeding against the abuser if criminal charges are brought against him. There are many difference sexual crimes that could qualify you for this injunction. If you are unsure if your situation would qualify, the law enforcement agency to which you report the incident of violence can help you understand whether an act of sexual violence, as defined in the law, has been committed.
You also may file any of these petitions on behalf of any minor child (under 18) who is living at home and who is the victim of the violence for which protection is sought.1
The clerk of the circuit court will provide you with forms and instructions for filing any of these petitions. The clerk also will assist you in filling out the forms. You can also visit our FL Download Court Forms page for links to online forms.
The process will be similar to the process described above in Steps for obtaining an injunction for protection against domestic violence.
1 Fla. Stat. § 784.046