Injunction for Protection from Dating Violence
If you were served with an injunction for protection from dating violence, then you have come to the right place to learn more about how to fight false or exaggerated accusations.
Under Florida law, dating violence is abusive, aggressive, and controlling behavior in a romantic relationship. It can include physical, verbal, emotional, or sexual violence or a combination. Dating violence can occur in a straight or gay relationship.
The alleged victim of dating violence can file a petition for protection in order to obtain a temporary or final injunction.
To qualify as “dating violence,” the petitioner and respondent must have a continuing and significant relationship of a romantic or intimate nature, to be determined by consideration of such facts as:
- whether the dating relationship existed within the past six months;
- whether the nature of the relationship included an expectation of affection or sexual involvement; and
- whether the frequency and type of interaction between you and the individual included involvement over time and on a continued basis.
Dating violence does not include violence in a casual acquaintanceship or violence between individuals who have only engaged in ordinary fraternization in a business or social context. See In re Amendments to Florida Supreme Court Approved Family Law Forms, 205 So. 3d 1, 381 (Fla. 2015).
Attorney for “Dating Violence” Injunctions in Tampa, FL
If you were served with a petition for an injunction against dating violence pursuant to section 784.046(2)(b), then contact an attorney who can help you fight against false or exaggerated accusations.
In Hillsborough County, injunction for protection hearings occur at both the Tampa and Plant City courthouse. We also represent clients seeking to modify or dissolve a dating violence injunction under the procedures found in § 784.046(10), Fla. Fam. L. R. P. 12.610(c)(6).
Our attorneys represent the respondent in these cases. We work hard to show the court that there is no immediate or present danger that dating violence exists under § 784.046(6)(a).
We also have a second office in New Port Richey and help clients fight petitions for a protective order from violence in Pasco County, FL.
We also represent clients against petitions for injunctions against dating violence throughout the greater Tampa Bay area including Pinellas County, Hernando County, and Polk County, FL.
Call (813) 250-0500.
Allegations in a Petition for a Dating Violence Injunction
An injunction against dating violence is not authorized without competent and substantial evidence of the following three elements:
- a dating relationship within the past six months;
- at least one occasion of dating violence; and
- reasonable cause to believe that the petitioner is in imminent danger of another act of dating violence.
To obtain an injunction, “[i]t is not sufficient to have been the victim of one incident of dating violence in the past.” Alderman v. Thomas, 141 So.3d 668, 669 (Fla. 3d DCA 2014).
What is a Dating Violence Injunction?
A petition for injunction for protection against dating violence is intended to protect the victim of dating violence. The petition requires a showing that the victim of dating violence has either:
- reasonable cause to believe that he or she is in imminent danger of becoming the victim of another act of dating violence; or
- reasonable cause to believe that he or she is in imminent danger of becoming a victim of dating violence.
Under Florida law, dating violence means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.
The dating relationship must have existed within the past six months, the nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties, and the frequency and type of interaction must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.
Dating violence does not include violence in a casual acquaintanceship or violence between individuals who have only engaged in ordinary fraternization in a business or social context.
Criminal Offenses that Can Constitute Dating Violence
Florida Statue 784.046(1)(d) defines “dating violence” to include any incident resulting in physical injury or any of the following specified criminal offenses:
- assault / aggravated assault;
- battery / aggravated battery;
- stalking / aggravated stalking;
- sexual assault;
- sexual battery;
- kidnapping; or
- false imprisonment.
When Minor Children are the Alleged Victim of Dating Violence
Teenagers under the age of 18 are often the victim of dating violence. If the victim of alleged dating violence is under the age of eighteen and has never been married or had the disabilities of nonage removed by a court, then the alleged victim’s parent or legal guardian must sign the petition.
In other words, the parent or legal guardian of any minor child who is living at home may seek an injunction for protection against dating violence on behalf of the minor child.
With respect to a minor child who is living at home, if the party against whom the protective injunction is sought is also a parent, stepparent, or legal guardian, then the parent or legal guardian filing the petition must have been an eye-witness to, or have direct physical evidence or affidavits from eye-witnesses of, the specific facts and circumstances that form the basis of the petition.
If the party against whom the protective injunction is sought is a person OTHER THAN a parent, stepparent, or legal guardian of the minor child, then the parent or legal guardian who files the petition must state why they have reasonable cause to believe that the minor child is a victim of dating violence.
Violations of an Injunction Prohibiting Dating Violence
If it is alleged that a violation of an injunction prohibiting dating violence has occurred, the court shall enforce, through a civil or criminal contempt proceeding, a violation of an injunction for protection. The court may enforce the respondent’s compliance with the injunction by imposing a monetary assessment as explained in § 784.046(9)(a).
Alternatively, if the violation of the dating violence injunction meets the statutory criteria, it may be prosecuted as a crime as explained in Fla. Fam. L. R. P. 12.610(c)(5).
A person who willfully violates an injunction for protection against dating violence issued pursuant to section 784.046, or a foreign protection order accorded full faith and credit pursuant to section 741.315 commits a misdemeanor of the first degree punishable as provided in section 775.082 or section 775.083. § 784.047.
As explained in § 784.046(9)(b), if the respondent is arrested under section 901.15(6) for committing an act of dating violence in violation of an injunction for protection, the respondent will be held in custody until brought before the court as expeditiously as possible for the purpose of enforcing the injunction and for admittance to bail in accordance with chapter 903 and the applicable rules of criminal procedure, pending a hearing.
Requirements for the Dating Violence Injunction in Florida
The dating violence injunction permits any person “who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence” may petition the circuit court for an injunction to prevent such violence. § 784.046(2)(b), Fla. Stat.
Dating violence is “any assault, battery, aggravated battery, sexual assault, stalking, aggravated stalking, kidnapping or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against another person” between individuals who have had or currently have a significant, romantic relationship. § 784.046(1)(a), (d).
As a result, the dating violence injunction requires a showing of “violence.” Most of the acts the Florida Legislature defined as “violence” are violent as that term is used in ordinary parlance.
For example, § 784.046(1)(a), (d), Fla. Stat. requires “violence” and defines “violence” as “any 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.”
In Branson v. Rodriguez-Linares, 143 So. 3d 1070, 1072-73 (Fla. 2d DCA 2014), the court acknowledged the same under the related and similarly defined domestic violence injunction statute. Nevertheless, the plain language of the dating violence statute includes “stalking” within the “violence” definition and prohibition. See § 784.046(1)(a), Fla. Stat.; Branson, 143 So. 3d at 1072-73.
Requirement oof Showing Reasonable Fear of Imminent Future Violence
The relevant portion of the dating-violence statute has three elements:
- the petitioner is the victim of dating violence;
- the petitioner has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence; and
- the petitioner has standing in the circuit court to file a sworn petition for an injunction for protection against dating violence.
§ 784.046(2)(b), Fla. Stat. (2019) (emphasis added).
Based on the statute, “[i]t is not sufficient to have been the victim of one incident of dating violence in the past.” Alderman v. Thomas, 141 So. 3d 668, 669 (Fla. 2d DCA 2014) (footnote omitted). Instead, the dating violence injunctions must be predicated on the reasonable prospect of a future violent act. See Schultz v. Moore, 282 So. 3d 152, 153 (Fla. 5th DCA 2019).
To grant the injunction, the petition must present competent, substantial evidence in support of each element of the injunction, including that there was a reasonable prospect of a future violent act.
Injunctions for protection from dating violence are unique because they require a showing that the petitioner has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence.
In contrast, injunctions for protection against repeat violence and injunctions for protection from sexual violence under section 784.046(2)(a), (c), Florida Statutes, and injunctions for protection against stalking under section 784.0485, Florida Statutes, do not require the prospect of a future act of violence. Cook v. McMillan, 2020 Fla. App. LEXIS 9864, *6, 45 Fla. L. Weekly D 1611, 2020 WL 3833415 (July 8, 2020).
Additional Resources
Dating Violence Bulletin for Teens – Visit the National Center for Victims of Crime to find a bulletin for teens who need information about dating violence. The article explains when dating violence occurs and how to get help or help someone else. The article is part of the Teen Tools series that helps teens recognize when a crime of violence has occurred within an intimate relationship.
Instructions for Form 12.980(n) for Dating Violence Injunctions – Visit the website of the Florida Courts to find the instructions for Form 12.980(n) for petitions for injunctions for protection from dating violence approved by the Florida Supreme Court. The form defines dating violence as violence between two people who had a significant and continuing intimate or romantic relationship.
This article was last updated on Saturday, July 3, 2021.
