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Florida Protective Orders Checklist: Types, Requirements, and Filing Process, Study notes of Law

This checklist provides essential information on the five types of protective orders available to petitioners in florida, including domestic violence, repeat violence, dating violence, sexual violence, and stalking. It outlines the requirements for each type and the process for filing. Note that it does not provide legal advice.

Typology: Study notes

2021/2022

Uploaded on 09/12/2022

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CHECKLIST FOR LITIGANTS SEEKING AN INJUNCTION FOR PROTECTION
The purpose of this checklist is to provide basic information on the five different
types of protective orders available to petitioners in Florida. It is not designed to
give legal advice or be a substitute for Florida law. Information on finding an
attorney or other assistance within Florida is located at the end of this checklist.
If you are a victim of violence or stalking or fear that you are in imminent danger
of becoming a victim, you may qualify for a civil protective injunction.
Florida law provides 5 types of civil protective injunctions:
Domestic Violence,
Repeat Violence,
Dating Violence,
Sexual Violence, and
Stalking.
Domestic Violence:
To protect an adult or minor child from violence by family or household
members;
A parent or legal guardian may file on behalf of minor child living at home;
A parent may seek an injunction against the other parent of a child in
common--whether or not they ever married or lived together;
Petitioner must either be a victim of domestic violence or reasonably
believe he or she is in imminent danger of becoming a victim;
Requires the court to address child support, parenting, and time-sharing
if minor children are involved and petitioner requests it;
Requires filing of additional documents if minor children are involved so
issues regarding support, parenting, and time-sharing can be addressed.
Repeat Violence:
To protect an adult or minor child or from repeated violence or stalking;
A parent or legal guardian may file on behalf of minor child living at home;
Requires at least two separate incidents of violence or stalking;
Requires one of the incidents to have been within 6 months of filing of
petition;
Stalking requires repeated following or harassing, not just one incident;
Requires actual acts of violence or stalking, not just a threat to do same.
Dating Violence:
To protect an adult or minor child from dating violence;
A parent or legal guardian may file on behalf of minor child living at home;
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CHECKLIST FOR LITIGANTS SEEKING AN INJUNCTION FOR PROTECTION

The purpose of this checklist is to provide basic information on the five different types of protective orders available to petitioners in Florida. It is not designed to give legal advice or be a substitute for Florida law. Information on finding an attorney or other assistance within Florida is located at the end of this checklist.

 If you are a victim of violence or stalking or fear that you are in imminent danger of becoming a victim, you may qualify for a civil protective injunction.

 Florida law provides 5 types of civil protective injunctions:  Domestic Violence,  Repeat Violence,  Dating Violence,  Sexual Violence, and  Stalking.

Domestic Violence:  To protect an adult or minor child from violence by family or household members;  A parent or legal guardian may file on behalf of minor child living at home;  A parent may seek an injunction against the other parent of a child in common--whether or not they ever married or lived together;  Petitioner must either be a victim of domestic violence or reasonably believe he or she is in imminent danger of becoming a victim;  Requires the court to address child support, parenting, and time-sharing if minor children are involved and petitioner requests it;  Requires filing of additional documents if minor children are involved so issues regarding support, parenting, and time-sharing can be addressed.

Repeat Violence:  To protect an adult or minor child or from repeated violence or stalking;  A parent or legal guardian may file on behalf of minor child living at home;  Requires at least two separate incidents of violence or stalking;  Requires one of the incidents to have been within 6 months of filing of petition;  Stalking requires repeated following or harassing, not just one incident;  Requires actual acts of violence or stalking, not just a threat to do same.

Dating Violence:  To protect an adult or minor child from dating violence;  A parent or legal guardian may file on behalf of minor child living at home;

 Petitioner must be a victim of an act of dating violence and must reasonably believe he or she is in imminent danger of becoming a victim again or  Petitioner must reasonably believe he or she is in imminent danger of becoming a victim;  Requires a dating relationship between the parties within past 6 months;  Requires that relationship to have an expectation of affection or sexual involvement;  Does not apply to casual acquaintances, including those in a business or social context.

Sexual Violence:  To protect an adult or minor child from sexual violence;  A parent or legal guardian may file on behalf of minor child living at home;  Requires the adult petitioner to be a victim of sexual battery or any other forcible felony where a sexual act is committed or attempted;  Requires the minor child petitioner to be a victim of a lewd or sexually indecent act in his or her presence; or,  Requires luring or enticing of the child; or,  Requires sexual performance by the child;  Requires a sexual violence victim to have reported sexual violence to a law enforcement agency and to cooperate in any criminal proceeding, regardless of the status of any criminal charges based on the sexual violence; or,  Requires the offender sentenced to prison for the sexual violence, to either have been released or due to be released within 90 days.

Stalking:  To protect an adult or minor child from stalking or harassment;  A parent or legal guardian may file on behalf of minor child living at home;  Requires the offender to repeatedly follow, harass or cyberstalk;  Cyberstalking means stalking done electronically;  Requires a credible verbal or nonverbal threat of stalking, including threats made by electronic communication or implied from behavior.  Requires a course of conduct directed at petitioner which causes him or her substantial emotional distress and serves no legitimate purpose.

 Which type of injunction applies to your circumstances? NOTE : If you have children with the offender, consider filing a domestic violence petition so that the court can address issues relating to the children.

 Consult with an attorney or review the forms on the Supreme Court’s website: http://www.flcourts.org/resources-and-services/court-improvement/problem- solving-courts/family-courts/family-law-forms.stml