Injunctions for Protection Against Sexual Violence
At the hearing, the court will decide whether to enter a final injunction in favor of the petitioner against the respondent to protect the petitioner from sexual violence. When deciding whether to enter an injunction for protection against sexual violence, a court has wide discretion in setting forth terms necessary to protect the victim in light of the circumstances justifying the injunction. See § 784.046(7).
In Florida, § 784.046(2), Fla. Stat., creates a cause of action for an injunction for protection from sexual violence. Under § 784.046(7)(b), the court may grant such relief as the court deems proper, including . . . relief as the court deems necessary for the protection of the petitioner, including injunctions or directives to law enforcement agencies, as provided in this section.”).
Unlike injunctions in civil cases that are governed by Florida Rule of Civil Procedure 1.610, the Florida Family Law Rules of Procedure apply to injunctions for protection from sexual violence. See Fla. Fam. L. R. P. 12.610(a).
Attorney for Respondents of Sexual Violence Injunctions in Florida
We represent clients at hearings on injunctions for protection against sexual violence. At the hearing, we strive to show the court why competent and substantial evidence does not support the entry of an injunction for protection. When the evidence is not sufficient, we demand that the circuit court judge enter a final judgment of dismissal.
We also help clients appeal a final judgment for an injunction for protection from sexual violence to the appropriate district court of appeals.
Our main office is in downtown Tampa, in Hillsborough County, Fl. We have a second office in New Port Richey in Pasco County. We fight injunction cases throughout the greater Tampa Bay area including Hernando County, Pasco County, Pinellas County, Manatee County, Sarasota County, Hillsborough County, and Polk County, FL.
Sexual Violence Injunctions Do Not Require the Prospect of Future Violence
Injunctions for protection from dating violence require a showing that the petitioner has reasonable cause to believe that he or she is in imminent danger of becoming the victim of another act of dating violence.
In Schultz v. Moore, 282 So. 3d 152, 153 (Fla. 5th DCA 2019), the court concluded that dating violence injunctions must be predicated on the reasonable prospect of a future violent act.
In contrast, injunctions for protection against sexual violence and repeat 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. Schultz, 282 So. 3d at 153.