Simple battery dating violence
Florida Statutes provide special and extraordinary protections for those who have been the victims of dating violence.In addition to potential arrest of the aggressor, Florida Law allows victims to file for an Injunction for Protection, sometimes known as a "Protective Order" to not allow the aggressor to come within 500 feet of the victim, contact the victim in any way (even through third parties) and numerous other potential protections.The respondent who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent's term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed.(d) A cause of action for an injunction may be sought whether or not any other petition, complaint, or cause of action is currently available or pending between the parties.(e) A cause of action for an injunction does not require that the petitioner be represented by an attorney.(3)(a) The clerk of the court shall provide a copy of this section, simplified forms, and clerical assistance for the preparation and filing of such a petition by any person who is not represented by counsel.(b) Notwithstanding any other law, the clerk of the court may not assess a fee for filing a petition for protection against repeat violence, sexual violence, or dating violence.However, subject to legislative appropriation, the clerk of the court may, each quarter, submit to the Office of the State Courts Administrator a certified request for reimbursement for petitions for protection issued by the court under this section at the rate of per petition.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.
From this reimbursement, the clerk shall pay the law enforcement agency serving the injunction the fee requested by the law enforcement agency; however, this fee may not exceed .(c) No bond shall be required by the court for the entry of an injunction.(d) The clerk of the court shall provide the petitioner with a certified copy of any injunction for protection against repeat violence, sexual violence, or dating violence entered by the court.(4)(a) The sworn petition shall allege the incidents of repeat violence, sexual violence, or dating violence and shall include the specific facts and circumstances that form the basis upon which relief is sought.Have reasonable cause to believe that the minor child is a victim of repeat sexual or dating violence to form the basis upon which relief is sought, if the party against whom the protective injunction is sought is a person other than a parent, stepparent, or legal guardian of the minor child.(b) The sworn petition must be in substantially the following form: PETITION FOR INJUNCTION FOR PROTECTION AGAINST REPEAT violence, SEXUAL violence, OR dating violence Before me, the undersigned authority, personally appeared Petitioner (Name) , who has been sworn and says that the following statements are true:1. Petitioner has suffered repeat violence as demonstrated by the fact that the respondent has:(enumerate incidents of violence)________________________________________ ________________________________________ ________________________________________b.Petitioner resides at (address) (A petitioner for an injunction for protection against sexual violence may furnish an address to the court in a separate confidential filing if, for safety reasons, the petitioner requires the location of his or her current residence to be confidential pursuant to s. Petitioner has suffered sexual violence as demonstrated by the fact that the respondent has: (enumerate incident of violence and include incident report number from law enforcement agency or attach notice of inmate release.)________________________________________ ________________________________________ ________________________________________c.For those who are married or have children together, the injunction process and provide for temporary support and order the aggressor into counseling.Florida Statute 784.046 defines dating violence as violence between persons who:1.