NOTE: The information displayed in this section has been obtained from various sources. In no way should any information obtained here be taken as legal advice. If you are in need of legal assistance, please contact your attorney. If you cannot afford an attorney, please contact your local Legal Aid office.
| If you are in immediate danger of Domestic Violence, please call 911. To quickly leave this site at any time, click Escape. |
In Florida, five different types of protective injunctions are available. Click below to learn more about each type and how they are defined by Florida Law.
Click here to view Brevard County Batterers Intervention Program Providers Page
Click here to view Seminole County Batterers Intervention Program Providers Page
Click here to download the Domestic Violence Checklist for litigants.
Under Florida law, domestic violence means an assault, a battery, certain sexual abuse, a kidnapping, a false imprisonment, committed by one member of a family or household by another person in the same family or household. Generally, any such act is domestic violence if the person committing the act either resides in the same home with the victim or resided in the same home with the victim at sometime in the past. There is an important exception for two people who have a child together. In that case, one of the two people can be guilty of domestic violence against the other even if they never lived together and even if they were never married. The most common types of domestic violence include the following actions:
Domestic Violence is normally not an isolated event. If intervention by some legal means does not occur, domestic violence attends to repeat itself over and over again. In cases of repeated domestic violence, the violent acts also tend to increase in severity as time goes on. There is a characteristic of domestic violence which is known as “the cycle of violence“. In this cycle, a violent act occurs and the parties may separate. After a brief period, the person who committed the act of violence comes to the victim and pleads for forgiveness. The perpetrator may also say that he or she truly loves or has affection for the victim and promises that the violence will not occur in the future. The victim, perhaps wanting to keep a family or household unit intact, then asks the victim to return home. There is then a period of reconciliation which ends with another violent act which occurs when tensions between members of the family arise once again.
The cycle of violence is often affected by the consumption of alcoholic beverages or the use of illegal drugs. Victims of domestic violence must often wrestle with fears of fear, loyalty, guilty and shame. If the parties have children, the children also live in fear. Those children can be at a high risk of becoming either abusive adults or victims of domestic violence during their adult lives. Victims of domestic violence may feel that they are socially and financially isolated, and they often live out their lives in fear without being aware that help is available. There are shelters where victims and their children can go to escape violence. There are vocational programs which can provide victims with the skills to obtain employment and there are support groups ready to help with emotional support and understanding. Many local law enforcement agencies have domestic violence advocates as part of their staff, and anyone who may be a victim of domestic violence should contact local law enforcement if they have any questions.
Domestic Violence is a Crime. Anyone who is the victim of domestic violence, particularly an assault, a battery, sexual abuse or stalking, should make a report to local law enforcement. If the violent acts in question meet the requirements of law, the person committing the violent acts can be arrested and charged with a crime in connection with the domestic violence. Depending on the severity of the offense, that person can be charged with either a misdemeanor or a felony and can be subject to imprisonment, probation and/or a fine. If criminal charges are made, the accused person can also be ordered by the criminal court judge to have no contact with the victim until the case is resolved.
Injunctions/Restraining Orders. A victim of domestic violence or any person who believes that he or she is in imminent danger of becoming a victim of domestic violence also has the right to ask for a court order known as an “injunction for protection”. This type of injunction is also commonly called a restraining order. Under Florida law, the victim has the right to ask for an injunction for protection by filing a petition with the Clerk of the Court. This can be done by going to any local courthouse. The person seeking the injunction is not required to have an attorney. There will be no filing fee for a petition seeking an injunction for protection against domestic violence.
In Florida, five different types of protective injunctions are available:
Domestic Violence - Domestic violence means an 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 family or household member.
Definition of family or household member: 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 are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in a single dwelling unit.
Who may file a domestic violence injunction: Any person who is a member of a family or household that is the victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence. Any spouse or former spouse; person related by blood or marriage; person who is or was residing within a single dwelling unit as if a family; or person who has a child in common with the respondent, regardless of whether the person and respondent are or were married or residing together as if a family. Please note that this is a summary of the statutory definition of who may file. The Clerk’s Office will not determine filing eligibility; however, the judge reviewing the petition will take these guidelines into consideration.
Sexual Violence - Sexual violence means any one incident of: (1) Sexual battery as defined in Chapter 794, Florida Statutes; (2) A lewd or lascivious act as defined in Chapter 800, F.S., committed in the presence of a person younger than 16 years of age; (3) Luring or enticing a child as described in Chapter 787, F.S.; (4) Sexual performance by a child as described in Chapter 827, F.S.; or (5) Any other forcible felony wherein a sexual act is committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the State Attorney.
Who may file a sexual violence injunction: Any person who is the victim of sexual violence or the parent or legal guardian of a minor child who is living at home who is the victim of sexual violence if either : (1) the person has reported the sexual violence to a law enforcement agency and is cooperating in the criminal proceeding if there is one; or (2) the respondent was sent to prison for committing one of the sexual violence crimes against the victim or minor child and the respondent is out of prison or is getting out of prison within 90 days of the petition being filed. Please note that this is a summary of the statutory definition of who may file. The Clerk’s Office will not determine filing eligibility; however, the judge reviewing the petition will take these guidelines into consideration.
Dating Violence - Dating violence 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 will be determined based on consideration of the following factors: (1) A dating relationship must have existed within the past 6 months; (2) The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and (3) The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship. The term 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.
Who may file a dating violence injunction: Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child. Please note that this is a summary of the statutory definition of who may file. The Clerk’s Office will not determine filing eligibility; however, the judge reviewing the petition will take these guidelines into consideration.
Repeat Violence - Repeat violence means two incidents of violence or stalking committed by the respondent, one of which must have occurred within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s family.
Who may file a repeat violence injunction: Any person who is the victim of repeat violence or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against repeat violence on behalf of the minor child. Please note that this is a summary of the statutory definition of who may file. The Clerk’s Office will not determine filing eligibility; however, the judge reviewing the petition will take these guidelines into consideration.
Stalking - Stalking means threats, harassment, cyber stalking, aggravated stalking, physically abusing, and any course of conduct or pattern of conduct directed at the petitioner, family members or individuals close to the petitioner, composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. This includes but is not limited to intentionally injuring or killing a family pet; using or threatening to use a weapon such as a gun or knife against the petitioner; or destroying personal property, including but not limited to telephones or other communication equipment, clothing, or other items belonging to the petitioner.
Who may file a stalking injunction: Any person who is the victim of stalking or the parent or legal guardian of a minor child who is living at home who seeks an injunction for protection against stalking on behalf of the minor child. Please note that this is a summary of the statutory definition of who may file. The Clerk’s Office will not determine filing eligibility; however, the judge reviewing the petition will take these guidelines into consideration.
If you are the victim of any act of domestic violence or threats of violence you may ask the Court for a protective order. An Injunction (often referred to as a restraining order) places restrictions on the individual who allegedly committed the acts of violence.
There are five different types of Injunctions. They differ according to your relationship with the individual you are filing against. It is important that you file the correct one with the clerk of court, otherwise your Injunction can be denied by the Judge.
To file for an injunction please visit the Clerk of Court website: Brevard - or Seminole where:
For constituents, customers, or callers seeking help with family law cases – divorce, adoption, name change, custody, order of protection, and much more – there is now a one-stop source for lots of information aimed at self-represented people. Florida Courts Help is available at app stores as well as online at help.flcourts.gov.
