During these stressful times there is an increase in violence in the home. Many people need to resort to the restraining order process for their safety. There are several types of these orders. Listed below are the different types of violence and what the state of Florida requires for a restraining order to be granted. Call us if you want to know if you qualify to obtain a restraining order for one of these.
We also assist with defense against a restraining order. Please contact us if you have been served with a restraining order.
- Domestic Violence- 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. § 741.28(2). Must be family or live together.
- Repeat Violence- 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 petitioner or petitioner’s immediate family member. § 784.046(1).
- Dating Violence- Requires a dating relationship existing in the past 6 months between the parties, which had an expectation of affection or sexual involvement, and was of a continuous nature. The term does not include violence in a casual relationship or violence between individuals who have only engaged in ordinary fraternization in a business or social context. § 784.046(1)(d).
- Stalking- Willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. Two incidents are required. Stalking includes cyberstalking. §§ 784.048(2) and 784.485(1).
- Elder Abuse- Intentional infliction of physical or psychological injury upon an elderly person; An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person; or Active encouragement of any person to commit an act that results or could reasonably be expected to resu
- Sexual Violence- Any one incident of: sexual battery, as defined in chapter 794; lewd or lascivious act, as defined in chapter 800, committed on or in the presence of a person younger than 16; luring or enticing a child, as described in chapter 787; sexual performance by a child, as described in chapter 827; or any other forcible felony where a sexual act is committed or attempted. § 784.046(1).
