1.   What is Domestic Violence?

Under the provisions of Florida Statute 741.28 , domestic violence means any assault, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit. This can include but is not limited to:

Physical Abuse: pushing, slapping, kicking, punching, chocking and beating;

Emotional/Verbal Abuse: threats, verbal intimidation, following and stalking or acting out in anger;

Sexual Abuse: any unwanted touching or forcing of someone to engage in a sexual act against his or her will.

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2.   What is a Domestic Violence Injunction?

This is a petitioned order coming from the Court through the Domestic Violence Office that helps a victim (Petitioner) allow the Court jurisdiction over the parties noted and puts provisions in place as to avoidance of any further acts of violence.

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3.   How can I apply for a Domestic Violence Injunction?

The information for this procedure can be obtained by contacting the Domestic Violence Office at 239-939-3112 or 239-335-2884 or via the Lee County Government Web Site, www.lee-county.com/countyoffices.htm .

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4.   Are there any other injunctions available if my situation is not domestic?

The Domestic Violence Office can also help with injunctions for Repeat Violence, Dating Violence and Sexual Violence Injunctions.

Repeat Violence Injunction: Florida law defines repeat violence as two incidents of violence or stalking, one of which must have occurred within the last 6 months, which are directed against the Petitioner (the person applying for the injunction) or the petitioner’s immediate family. If you are the victim of repeat violence, or you are the parent or legal guardian of a minor child who is living at home and who is the victim of repeat violence, you have standing in the Circuit Court to file a petition to obtain an injunction for protection against repeat violence for yourself or on behalf of that minor child.

Dating Violence Injunction: Dating violence is violence between individuals who have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship is determined by the consideration of several factors:

The dating relationship must have existed within the last 6 months.

The law states that the relationship must be characterized by the expectation of affection or sexual involvement between the parties and the interaction between them has been on a continuous basis during the course of the relationship.

This does not include casual acquaintanceships or violence between individuals who have only engaged in ordinary interaction in a business or social context.

Sexual Violence Injunction: This injunction can be obtained for protection against sexual violence if you are the victim of sexual violence or you are the parent or legal guardian of a minor child living at home who is the victim of sexual violence. Under this Florida law, sexual violence means:

Sexual battery,

A lewd or lascivious act committed on a person under age 16,

Sexual performance by a child

Or any other forcible felony wherein a sexual act is committed or attempted.

It does not matter if criminal charges based on the incident were filed, reduced or dismissed by the State Attorney. However, the law also requires that the sexual violence has been reported to a law enforcement agency and that the victim is cooperating with any criminal proceeding against the respondent, regardless of whether criminal charges stemming from the sexual violence have been filed, reduced or dismissed; or requires that the respondent who committed the sexual violence was sentenced to a term of imprisonment in state a prison and that term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed.

The laws involving the criteria for issuing an injunction for protection against sexual violence are more complicated than those for other types of protective injunctions. If you are considering filing for this type of injunction you may be able to obtain advice or assistance from the State Attorney's Office at 239-335-2700.

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