Aventura Family Law

Domestic Violence Injunctions / Restraining Orders

If you are in an emergency situation, you should seek immediate assistance from law enforcement.  However, under Florida law, there are multiple types of protective orders that can be obtained with regard to violence or threatened violence against you or your loved ones.

Domestic violence includes assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to the petitioner (which may be a child through his/her next friend) by any of the petitioner’s family or household members.  The Court will determine based upon your sworn petition whether you have reasonable cause to believe that you are in imminent danger of becoming a victim of domestic violence.

Repeat violence is defined by two or more incidents of violence committed against the petitioner or a member of his/her immediate family by another person, one of which must have been within six (6) months of the filing of the petition.  It includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping or false imprisonment, or any criminal offense resulting in physical injury or death.

Sexual violence is defined by one incident of sexual battery as defined by Chapter 794 of the Florida Statutes, a lewd or lascivious act as defined by Chapter 800 of Florida Statutes, committed upon or in the presence of a person younger than sixteen (16) years of age, luring or enticing a child as defined under Chapter 787 of Florida Statutes, sexual performance by a child as defined under Chapter 827 of Florida Statutes, or any other forcible felony where a sexual act is committed or attempted.  You must have reported the act to a law enforcement agency and be cooperating in order to obtain an injunction against sexual violence.

Dating violence is violence between individuals who have had a continuing and significant relationship of a romantic or intimate nature.  The relationship must have existed within the past six months and be characterized by expectation of physical or sexual involvement. This does not include violence in a casual acquaintanceship or violence between individuals who only engage in ordinary fraternization in a business or social context.  It does include assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping or false imprisonment, or any criminal offense resulting in physical injury or death.

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Aventura, Florida 33180
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