Domestic Violence Cases: The Four Types and How They Relate to Injunctions for Protection

When domestic violence or domestic battery occurs to you are someone you love, it is important you and your family law attorney know the four types and how they are applied to Domestic Violence Injunctions in the state of Florida.

In Florida domestic battery or violence cases, the abused party may seek a Domestic Violence Injunction to protect the person and/or children from abuse. There are four types of legal cases specific to the state of Florida regarding Injunctions for Protection:

1. Domestic Violence

Spouses, former spouses, persons related by marriage or blood, persons who live together as a family, and persons who are parents of a child in common, constitute a "family or household member". A "family or household member" who reside together in a single dwelling unit or in the past have so resided together (except for parents of a child in common) may seek protection against domestic violence by filing a sworn petition at the Clerk of Court's office. If the Court believes an immediate and present danger of domestic battery exists, a temporary injunction could be granted for up to 15 days, during which a full hearing would take place.

2. Repeat Violence

A person who is a victim of repeat violence may also file a sworn petition at the Clerk of Court's office. "Repeat violence" includes two incidents of violence or stalking committed by the Respondent against the alleged victim or his or her (victim's) family, one of which must have been within 6 months of the filing of the Petition.

3. Dating Violence

A person is a victim of dating violence when there is stalking, assault, kidnapping or some other criminal offense resulting in physical injury between individuals who have or have had a continuing and significant relationship of an intimate or romantic nature. The dating relationship must have existed within the past six months, been characterized by the expectation of affection or sexual involvement between the parties, and the frequency and type of interaction must have included that the persons have been involved over time and on a continuous basis during the course of the relationship. Dating violence 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.

4. Sexual Violence

A person who is a victim of sexual violence or the parent or legal guardian of a minor child who is living at home and is a victim of sexual violence can ask the court for a protective order prohibiting sexual violence. Sexual violence has a specific definition under the Florida Statutes.

Anyone who has experienced any of these types of domestic violence in Florida - or know someone who has - should contact a highly qualified domestic violence attorney to go over your legal rights and course of action.

Legal Disclaimer: The information you get in this article is not, nor is it intended to be, legal counsel nor the creation of an attorney-client relationship. Please consult an attorney for individual advice concerning your individual situation.

Julie Plummer is a St. Petersburg, Florida family law attorney who practices in the area of domestic violence, divorce, child custody and child support, step parent adoptions, and alimony. She can be reached at 727-327-3020.