Any victim of abuse has the right to file an injunction against their alleged abuser. The court packets for each of the five types of violence outlined below may be downloaded for free. Each packet includes complete instructions on filing the injunction. Once the injunction is granted, two certified copies are provided. Any questions regarding this issue please contact the Family Law Division at 352-463-3170.
When filing a complaint, bring the following with you:
You should also be able to provide:
If the respondent is outside of Florida, you must provide the Clerk with the following information:
Request assistance as early in the day as possible, preferably before 4 p.m., to allow sufficient time to complete paperwork and for the Court to review your paperwork.
Domestic Violence (Florida Statutes 741) means any 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 of one family or household member by another who is or was residing in the same single dwelling unit. "Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time.
Repeat Violence (Florida Statutes 784) means any assault, battery, sexual battery, or stalking by a person against any other person. Repeat Violence means two incidents of violence or stalking committed by the respondent, one of which must have been within six months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member.
Dating violence (Florida Statues 784) means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of all the following factors:
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.
If you or a member of your immediate family is a victim of sexual violence, you may ask the court for a protective order (injunction) prohibiting further sexual violence. Sexual violence means any one incident of:
An order for protection may be requested regardless of whether or not any criminal charges based upon the incident were filed, reduced or dismissed by the State Attorney's office. One of the following factors must exist in order for you to qualify for a sexual violence injunction:
If neither applies to your situation, you may still qualify for one of the other types of injunctions (domestic, repeat or dating).
Stalking (Florida Statutes 784) is defined as someone who 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 reasonably fear for your safety, then the act becomes aggravated.
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MyFloridaCounty.com is a service of Florida's Clerks of Court. The website provides several online services that are fast, convenient and secure. Click on the links below to access the services which are also available en español.
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