Florida dating violence definition updating 1880 bathroom
It is not necessary for either the petitioner or the person against whom the injunction is sought to have an attorney represent them.A domestic violence injunction is meant to be easy to acquire and can be obtained from the circuit where either the petitioner resides or where the domestic violence occurred.Domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense that causes physical injury or death to a family or household member and is brought about by another family or household member.This also includes actions such as: · Attempting to harm the petitioner, his or her family members, or individuals closely associated with the petitioner (such as close friends, work associates, etc.);· Threatening to kidnap, conceal, or harm the petitioner’s children;· Intentionally injuring or killing the petitioner’s pet;· Using, or threatening to use, dangerous weapons like guns and knives;· A criminal history involving violence or threats of violence;· If another state or jurisdiction had previously issued a domestic violence injunction (sometimes called an order of protection) against the person;· Destroying personal property belonging to the petitioner; or· Other threatening or alarming behavior.Florida Statute 741.30(1)(a) states that a “family or household member” who is the victim of domestic violence or who has “reasonable cause” to believe that he or she is in imminent danger of becoming the victim of domestic violence may file for an injunction for protection against domestic violence.The person filing for the injunction is known as the “petitioner.” This seemingly simple statement uses specific terms to precisely describe who may and who may not file for an injunction.The court then has the power and ability to enforce these orders if the ex-spouse chooses to violate these orders.Not only this, but violating a protective injunction can also result in criminal charges and can affect custody determinations.
A mere threat that doesn’t contain any language suggesting it will be carried out in the near future (such as “I’ll see you in court”) may not be enough to support an injunction.
It does not matter if criminal charges are actually filed or if those charges are reduced or dismissed by the prosecutor.· Dating violence injunctions, available to protect those in who have a “continuing and significant relationship of a romantic or intimate nature” from violence..
Stalking injunction, available to protect against physical stalking, cyberstalking, harassment, and other similar acts.
First, the person must be a “family or household member.” This does not necessarily mean that the two people must have been or must currently be spouses.
“Family or household member” includes individuals who are or were spouses, as well as individuals related by blood or marriage.
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In other words, deliberately providing false information on a petition for an injunction can result in the petitioner being charged with perjury.