Repeat Violence, Sexual Violence and Dating Violence Injunctions

Whether you are the victim of repeat violence, sexual violence or dating violence or the victim of a false accusation of repeat violence, sexual violence or dating violence, such matters must be taken seriously. The lawyers at The Gufford Law Firm, P.A. have tried hundreds violence based cases throughout the State of Florida.

Many people who are involved in a repeat violence, sexual violence or dating violence case do not realize the important and serious implications that such cases carry with them. When dealing with a repeat violence, sexual violence or dating violence case, it is important for you to be represented by an attorney who understands how to examine and cross-examine witnesses that are important to the case such as the parties themselves, law enforcement officers, 911-operators, medical/mental health personnel, etc. When faced with a repeat violence, sexual violence or dating violence case, many people feel that they can just “show up” to court and tell the judge their story. What those people do not realize is that nothing could be further from the truth. There are rules of court and evidence that can be used for and against you in Court. For example, unless permitted by the Court by way of a separate motion, children are often not permitted to testify. This fact usually comes as a surprise to most people. Since children are many times either the victims of repeat violence, sexual violence or dating violence or the only witnesses to it, being armed with this information is often the key to winning. Either getting the child’s testimony into evidence or keeping it out is often the key to success or failure depending upon your point of view. Many people also believe that they can introduce into evidence signed, notarized statements, police reports, etc. to support or defend the case. Unfortunately, those people often learn the hard way from the opposing attorney or the judge that such statements are usually inadmissible as they are considered to be “hearsay”.

What is Repeat Violence, Sexual Violence or Dating Violence

Any person who is the victim of repeat violence, 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, or a person who is the victim of sexual violence or the parent or legal guardian of a minor child who is living at home and who is the victim of such an act, may seek an injunction for protection against such violence on his or her own behalf or on behalf of the minor child.

“Repeat violence” means two incidents of violence or stalking committed by the respondent, one of which must have been within six months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member.

“Sexual violence” includes sexual battery.

“Dating violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature; the term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context. An injunction for protection against repeat violence is properly entered only when there are two incidents of violence within the designated time period. An injunction is unjustified where there is no showing that the defendant committed an incident of violence within six months of filing the petition for a protective injunction. Furthermore, there is no basis for granting injunctive relief where there was no battery, sexual or otherwise, even considering allegations that the respondent was known to be violent; there must be a well-founded fear that violence is imminent, as needed to show that the petitioner had been assaulted.Threats issued after a first act of violence are not “violence” where the alleged victim does not take the threats seriously. For purposes of the statute, statements, mere shouting and obscene hand gestures, even if they place an individual in fear, do not constitute an assault or any other form of violence, absent an overt act, ability to carry out the threat, or a justifiable threat of imminent harm.