What protections can I get in an injunction against dating, repeat, or sexual violence?
In a temporary ex parte injunction and in a final injunction, the law says that judge can grant whatever protections the judge believes are “proper,” which includes prohibiting the respondent from committing any acts of violence.1 The injunction petition is more specific and allows you to request in a final injunction for protection against dating, repeat, or sexual violence that the judge prohibit the respondent from:
- committing any acts of violence against you;
- going to your home (or any place where you are living), your work, your school, and any place where you or your immediate family have to go to often;
- coming within 500 feet of your home (or any place where you are living), your work, your school, and any place where you or your immediate family have to go to often;
- contacting you by telephone, mail, email, in writing, through another person, or in any other manner;
- using or having any guns or firearms;
- intentionally coming within 100 feet of your car (motor vehicle); and
- doing anything else that could make you or your immediate family unsafe.2
1 Fla. Stat. § 784.046(6)(a), (7)
2 See, for example, Petition for injunction for protection against dating violence - Instructions
What are the steps for getting an injunction against repeat violence, dating violence, and sexual violence?
The clerk of the circuit court will provide you with forms and instructions for filing any of these petitions. You can also find them online on our FL Download Court Forms page. The filing process will be similar to the process described in Steps for getting an injunction for protection against domestic violence.
There is no fee to file for the injunction or to have law enforcement serve it. In addition, if you request it, you can be notified within 12 hours of when the sheriff or other law enforcement officer serves the injunction upon the respondent.1
1 Fla. Stat. § 784.046(3)(b) & (5)
What are the penalties for violating an injunction against repeat violence, sexual violence, or dating violence?
A person who violates an injunction for protection against repeat violence, sexual violence, or dating violence can be committing a misdemeanor of the first degree.1 A misdemeanor of the first degree may be punishable by up to one year in prison, a fine of up to $1,000, or both.2 However, it can be a felony of the third degree if the abuser has two or more convictions for violation of an injunction or foreign protection order and then violates this order against the same victim.1 A felony of the third degree may be punishable by up to five years in prison, a fine of up to $5,000, or both.3
1 Fla. Stat. § 784.047
2 Fla. Stat. §§ 775.082(4)(a); 775.083(1)(d)
3 Fla. Stat. §§ 775.082(3)(e); 775.083(1)(c)