WHAT IS DOMESTIC VIOLENCE?
Under the provisions of Section 741.28 of the Florida Statutes, domestic violence 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 family or household member.
A family or household members are 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 the same single dwelling unit.
DOMESTIC VIOLENCE INCLUDES:
- Physical Abuse-Pushing, slapping, kicking, punching, choking, and beating
- Emotional/Verbal Abuse-Verbal intimidation, credible threats, following and stalking, acting out in anger.
- Sexual Abuse or Battery—Any unwanted touching or forcing of someone to engage in a sexual act against his or her will.
WHAT IS SEXUAL VIOLENCE?
Under the provisions of Section 784.046 of the Florida Statutes, sexual violence is one incident of:
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Sexual battery, as defined in chapter 794;
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A lewd or lascivious act, as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age;
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Luring or enticing a child, as described in chapter 787;
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Sexual performance by a child, as described in chapter 827; or
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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.
WHAT IS DATING VIOLENCE?
Under the provisions of Section 784.046 of the Florida Statutes, dating violence is 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 the following factors:
- A dating relationship must have existed within the past 6 months;
- The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties;
- 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.
Injunctions for Protection
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Sometimes called a "restraining order", and injunction is a court order that directs a particular person not to have contact with you. You have the right to file a petition to ask the court to issue an injunction against a person who has been physically violent with you, has placed you in fear of physical violence, or is stalking you.
The purpose of an injunction is to legally prevent that person from having contact with you by ordering them to stay away from your home, your car, your place of employment, and other places the court finds necessary.
That person is forbidden to contact you by phone, email, or in person. Injunctions can also include other relief that the court feels is appropriate. If you are under the age of 18, ask the Clerk about an adult filing on your behalf.
To pursue an Injunction for Protection, the first step is to identify the type of injunction needed. The next step is to complete the appropriate packet and file it with the Clerk's Office. The following resource may be needed for the process.
If you need assistance during non-operating hours, contact 9-1-1.
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COVID-19 INTERIM PROCEDURES:
Interim procedures are being used during the COVID-19 (Coronavirus) pandemic. These procedures will help to protect the public and Clerk staff by limiting the amount of in-person contact needed to file an injunction.
Please download the Domestic Violence Injunction Information Packet (PDF) and follow the instructions as listed.Clerk Self-Help Covid-19 Packet
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Types of Injunctions
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There are five (5) kinds of civil injunctions:1) Domestic Violence 2) Sexual Violence 3) Dating Violence 4) Repeat Violence and 5) Stalking. They type of petition you file depends on your relationship with the other person and what has occurred. The requirements for each type of injunction are listed in the following:
- DOMESTIC VIOLENCE: Do you now, or have you ever lived with the other person as a "family"? Family includes but in not limited to people who you are related to by blood or marriage, parties intimately involved and living together but never married, adopted children, step-parents, and step children.
- SEXUAL VIOLENCE: An Injunction for protection against sexual violence if: you answered 'NO" to the domestic violence questions AND The other person committed one of the following acts: 1) Sexual Battery defined by Chapter 794 to Florida Statutes; Lewd and Lascivious Act defined in Chapter 800 of Florida Statutes upon or in the presence of a child younger than 16; Lured or Enticed a Child as described in Chapter 87 of Florida Statutes; Required a Child to Sexually Perform as in Chapter 827 of Florida Statutes; or Committed any Forcible Felony wherein a Sexual Act was Committed or Attempted. Ask the Deputy Clerk for definitions of these acts if you are unsure if they apply to your situation. If you have reported the sexual violence to law enforcement and are cooperating with any criminal proceeding, then you may file for this type of injunction. You may also file if the other person has been in prison for sexual violence against you, and the term of imprisonment as expired or will expire within 90 days from the date the petition is filed.
- DATING VIOLENCE: Have you and the other person dated each other in the last six (6) months? AND, did you have an expectation of affection or sexual involvement with the other person? AND, Did you interact with the other person on a frequent and continuous basis during the relationship? If you answered "YES" to all of these questions about dating, and whether or not the other person has been violent towards you in the past, and you fear you are in imminent danger of violence, then you may wish to file a petition for an injunction for protecting against dating violence.
- REPEAT VIOLENCE: If your answers to the questions about other kinds of injunctions are "NO", you may wish to file a petition for an Injunction against Repeat Violence. This petition could be used for neighbors, coworkers, students, relatives who have never lived together, etc. However, for this type of injunction, there must have been at least two (2) previous incidents of physical violence, threats of violence, or stalking, and one of these must have occurred in the last six (6) months.
- STALKING VIOLENCE: If you are a victim of two (2) incidents of Stalking, you may wish to file a petition for an injunction against Stalking. "Stalking" is defined as willful, malicious, and repeated actions to follow, harass, or cyberstalk another person.
FOR MORE INFORMATION ON INJUNCTIONS FOR PROTECTION, GO TO: STACY M. BUTTERFIELD, CPA, CLERK OF THE CIRCUIT COURT & COMPTROLLER, POLK COUNTY, FL
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For additional information on Crime Victims' Rights, check out Bartow Police Department's Victim Rights Brochure.(English) or FOLLETO DE LOS DERECHOS DE LA VÍCTIMA
