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Services available in the Probate Division (Room 102-Courthouse)

Injunctions for Protection Orders

Florida law separates injunctions for protection into five types. You must determine the type of injunction you will need to file. It is very important that you read over all the requirements for each type before selecting one. A judge can deny your petition for selecting the incorrect petition.

741.28 (2) (3) Domestic Violence; definition

(2) “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.

(3) “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 the same single dwelling unit.

Domestic Violence Injunction Packet

784.046 (1) (a) (b) Repeat Violence; definition

(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.

Repeat Violence Injunction Packet

784.046 (1) (c) Sexual Violence means any one incident of:

1. Sexual battery, as defined in chapter 794;

2. 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. Luring or enticing a child, as described in chapter 787;

4. Sexual performance by a child, as described in chapter 827; 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.

Sexual Violence Injunction Packet

784.046 (1) (d) 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 shall be determined based on the 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.

Dating Violence Injunction Packet

784.048 (1) (a) (b) (c) (d) Stalking; definitions;

(1) As used in this section, the term:

(a) "Harass” means to engage in a course of conduct directed at a specific

       person which causes substantial emotional distress to that person and

       serves no legitimate purpose.

(b) “Course of conduct” means a pattern of conduct composed of a series of

       acts over a period of time, however short, which evidences a

       continuity of purpose. The term does not include constitutionally

       protected activity such as picketing or other organized protests.

(c) “Credible threat” means a verbal or nonverbal threat, or a combination

       of the two, including threats delivered by electronic communication or

       implied by a pattern of conduct, which places the person who is the

       target of the threat in reasonable fear for his or her safety or the safety

       of his or her family members or individuals closely associated with the

       person, and which is made with the apparent ability to carry out the

       threat to cause such harm. It is not necessary to prove that the person

       making the threat had the intent to actually carry out the threat. The

       present incarceration of the person making the threat is not a bar to

       prosecution under this section.

(d) “Cyberstalk” means to engage in a course of conduct to communicate,

       or to cause to be communicated, words, images, or language by or

       through the use of electronic mail or electronic communication,

       directed at a specific person, causing substantial emotional distress to

       that person and serving no legitimate purpose.

Stalking Injunction Packet


Robert W. Germaine, Clerk of Courts

Probate Division

590 South Commerce Avenue

Sebring, Florida 33870