Battery dating violence definition
Of course, those falsely accused of repeat violence potentially could receive significant sanctions for conduct they may not have committed, and often alleged acts of violence do not qualify as violent acts.
Nevertheless, Florida Law allows victims to file for an Injunction for Protection, sometimes known as a "Protective Order" to not allow the aggressor to come within 500 feet of the victim, contact the victim in any way (even through third parties) and numerous other potential protections.
Repeat Violence Injunctions can also be sought where there was violence against a Petitioner's family member, not just against the Petitioner themselves.
For instance, if violence has been directed against one member of a family, the entire family could seek injunctive relief.
Whether you seek an injunction or need to defend an injunction, are experienced attorneys can help! Below is Florida's statute regarding Sexual Violence.784.046 Action by victim of repeat violence, sexual violence, or dating violence for protective injunction; dating violence investigations, notice to victims, and reporting; pretrial release violations.--(1) As used in this section, the term:(a) "violence" means 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, by a person against any other person.(b) "Repeat violence" means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member.(c) "Sexual violence" means any one incident of:1. A lewd or lascivious act, as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age;3.
Luring or enticing a child, as described in chapter 787;4.
Louisiana defines domestic abuse battery as one household member intentionally using force or violence against another household member.
All that's required is that the defendant use “force” or “violence” against him/her.The clerk of the court shall provide a copy of this section, simplified forms, and clerical assistance for the preparation and filing of such a petition by any person who is not represented by counsel.Notwithstanding any other law, the clerk of the court may not assess a fee for filing a petition for protection against repeat violence, sexual violence, or dating violence.There is created a cause of action for an injunction for protection in cases of repeat violence, there is created a separate cause of action for an injunction for protection in cases of dating violence, and there is created a separate cause of action for an injunction for protection in cases of sexual violence.Any person who is the victim of repeat violence or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against repeat violence on behalf of the minor child has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence.