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Petition for injunction for protection against dating violence
If you have been the victim of dating violence or have been accused of dating violence, the attorneys at Arnold Law Firm can help.Whether you seek an injunction or need to defend an injunction, are experienced attorneys can help! Below is Florida's statute regarding Injunctions for Dating Violence.784.046 Action by victim of repeat violence, sexual violence, or dating violence for protective injunction; dating violence investigations, notice to victims, and reporting; pretrial release violations.--(1) As used in this section, the term:(a) "violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.(b) "Repeat violence" means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member.(c) "Sexual violence" means any one incident of:1. 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;3.
HOME Information Court Services Finance/County Services Recording Services Online Public Records E-Filing Board Minutes Jury Duty Marriage Licenses Traffic Payments Passports News, Notices, and Announcements Contact Us may be issued against a spouse or former spouse, a person related by blood or marriage, a person which you are presently living with or have formerly lived with, as if a family, or against someone with whom you have a child in common, regardless whether you were ever married to that person or lived with them.
If a person falling within one of the previous descriptions has committed a crime against you resulting in your physical injury, or that person has placed you in fear (with words or physical acts), and made you believe you would be immediately harmed by an unlawful act of violence, you may have grounds to ask the court for an Injunction for Protection Against may be issued if someone has committed two separate acts of violence, one being within the last six months, against you.
What are the statutory requirements for filing a "Petition for Injunction for Protection Against Domestic Violence?
If a member of your household has committed a crime against you resulting in your physical injury, you may have grounds to petition the court for an "Injunction for Protection Against Domestic Violence." This also applies if that person has only placed you in fear (either with words or physical acts), and has made you believe you would be immediately harmed by an unlawful act of violence.
Luring or enticing a child, as described in chapter 787;4.
Sexual performance by a child, as described in chapter 827; or5.Having the following information available will assist you when filing for a Petition for Injunction (i.e "Restraining Order"). As petitioner (the person filing), you will be sworn under oath as to the truthfulness of the allegations of abuse entered on your petition, under the penalty of perjury.The court will review your petition, and based on the allegations determine to: Can my child be a witness?There is no filing fee for Protection against Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, or Stalking.What Information is helpful in filing a Petition for Injunction?There are no exceptions for hunting or other sporting events. It is always best to consult with an attorney regarding legal matters.However, you are permitted to represent yourself in court.If the Domestic Violence occurs after regular business hours or on weekends or holidays you may call the Escambia County Sheriff's Department at telephone number 911.Is there a fee for filing an Injunction of Protection?If you cannot afford an attorney, you may want to contact: Northwest Florida Legal Services, Inc. Government St., Pensacola, FL 32501 432-2336 Community resources for victims of Domestic Violence: Favor House of Northwest Florida, Inc.Office: (850) 434-1177 Hotline: (850) 994-3560 [email protected] County: (850) 434 6660 Santa Rosa County: (850) 994-3560 NOTE: The forms supplied by the Clerk's office are general in nature and may not meet your specific needs.