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Your
relationship with the person whom the injunction is being filed
against must be that of:
(a) a
spouse
(b) an ex-spouse
(c) a relative by blood or marriage
(d) anyone who lives or has lived with you in the same dwelling
as a family unit
(e) anyone with whom you have a child, with or without having
lived together
Assault
Can occur
if someone intentionally threatens to cause you physical
violence, even if they do not touch you. This threat must be by
word and act, and the person threatening you must have done
something to make you believe that he/she has the ability to
cause you physical violence, and you must believe that this
violence is about to happen. If the person uses a deadly weapon
when committing this act, it is an aggravated assault.
Battery
Is when
someone intentionally touches you without your permission. If
that person's touching you causes you great bodily harm or
permanent disability or disfigurement, or if the person uses a
deadly weapon, or if you were pregnant and the person knew or
should have known, the act becomes an aggravated battery.
Stalking
Is when
someone purposefully follows or harasses you repeatedly over a
period of time for no legitimate purpose, which causes you great
amount of emotional stress. If in doing this they threaten your
life or threaten to cause injury to you, with the intent to
cause you reasonably fear for your safety, or if you are a minor
under 16 years old, then the act becomes aggravated stalking.
2. FLORIDA
STATUTE 784.046 - REPEAT VIOLENCE
Anyone can
be eligible to obtain an injunction under this statute if ONE
(1) incident of stalking has occurred or TWO (2) incidents of
assault, battery, or sexual battery, one of which must have
occurred within the last 6 months, and it appears to the court
that an immediate and present danger or repeat violence exists.
You will
be assisted in completing a petition for an injunction. If a
judge decides you meet the statutory requirements for the
injunction, the judge will issue a Temporary injunction either
today or the next business-day. It will be valid until the
hearing date (approximately 15 days). The hearing usually will
be set within 15 days, and at that hearing, the judge will
decide whether to grant a Permanent Injunction. If a Permanent
Injunction is granted, It will be effective until the expiration
date or until either party requests the judge to end it.
If the
judge decides you do not meet the statutory requirements for the
Temporary Injunction, you may still receive a Notice of Hearing,
where you and the respondent will appear before the judge. These
hearings are normally set between 2-5 weeks from filing date.
PLEASE NOTE: you will not have the protection of an injunction
during the time prior to the hearing.
If you
think you might fall into one of the two categories described,
and you would like to try to obtain an injunction, begin the
process by filling out the paper work you can obtain at the
State Attorney's Office at 101 Bush Blvd. 2nd floor in Sanford. There is
no cost for the domestic violence injunction and repeat offender
injunction. For more information please call the
injunction office at
407-665-6226 or
407-665-6236.
Court Advocacy Program
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