The Violence Protection Division helps victims obtain injunctions for protection, commonly referred to as "restraining orders". Violence Protection staff assists victims in completing the necessary forms, explains the procedures involved in obtaining an injunction and assists with enforcement of the injunction. Generally, Florida law states that a court can enter an injunction to protect the victim of violence under any of the following types of violent relationships:. Domestic Violence : Requires that the parties have lived together "as if a family" or have a child together. Petitioner must be a victim of domestic violence, or have reasonable cause to believe that violence is imminent.
Clerk & Comptroller, Palm Beach County
Statutes & Constitution :View Statutes : Online Sunshine
Domestic Violence Battery is any unlawful touching of a person classified by statute as a family or household member. Under Section The statute specifically requires that the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. The only exception is for persons who have a child in common. Under Florida law, a person who commits an act of domestic violence battery or any other domestic-related crime of violence, as defined in Section In other words, if you plead to any domestic violence charge, you will have lifetime criminal record for that offense.
Dating & Domestic Violence
Requirements for Filing a Case for Protective Injunction You must be 18 years of age in order to file a case. If you are under the age of eighteen and have never been married or had the disabilities of nonage removed by a court, one of your parents or your legal guardian must sign the petition on your behalf. If you are seeking an injunction for protection against sexual violence on behalf of a minor child who is living at home, the parent or legal guardian must have been an eyewitness to, or have direct physical evidence or affidavits from eyewitnesses of, the specific facts, and circumstances that form the basis of the petition. You must meet the criteria as stated above in the definition of domestic, stalking, repeat, dating or sexual violence. You must complete the petition in your own words, briefly describing the violence in enough detail for the Court to understand the situation.
When many people think of domestic violence they think of violence or abuse between spouses or couples who have children in common. This is not always the case. Florida law recognizes a type of domestic violence called dating violence. Dating violence is considered any violence between persons who have or had a continuing relationship of a significant or intimate nature. Victims of dating violence are entitled to the same protections as victims of general domestic violence, including an injunction or protection order.