Domestic Violence

Standing

Florida Statute 741.28 defines domestic violence as 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. 

Further, Florida Statute 741.28 defines family or household member as follows:  spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.

With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.  Additionally, if person does not qualify as provided above, he or she may still file for an Repeat Violence Injunction, if there have two (2) incidents of violence committed by the respondent one of which must have been within six (6) months of the filing of the petition, that are directed against the petitioner or the petitioner’s immediate family member.

Process

If a person qualifies as provided above, he or she should apply for an injunction through the state attorney’s office in the county where the person resides or where the incident(s) occurred.  A great resource for women, domestic violence and how to file for an injunction is www.WomensLaw.org. There may be times if a divorce has been filed that an attorney will file the Petition for Injunction in the divorce case.  However, most injunctions go through the State Attorney’s Office of each county.

If your Petition is granted, a judge will enter a Temporary Injunction and set a hearing and the sheriff will serve the respondent. 

Whether you are the victim/petitioner or the respondent, you should be represented in court.  Emotions run high and people forget things.  If you have an attorney by your side, it usually make the process smother since the attorney understands the process and is not emotional.  Call us, we can help!

Additional Resources

• An Abuse, Rape and Domestic Violence Aid and Resource Collection
  
• Hubbard House
  
• The Quigley House
  
• Family Nurturing Center of Florida
  
• Women’s Center of Jacksonville

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