Dating Violence Injunction
When many people think of domestic violence they think of violence or abuse between spouses or couples who have children in common. This is not always the case. Florida law recognizes a type of domestic violence called dating violence.
Dating violence is considered any violence between persons who have or had a continuing relationship of a significant or intimate nature. Victims of dating violence are entitled to the same protections as victims of general domestic violence, including an injunction or protection order.
An injunction for protection from dating violence can substantially affect one’s life by prohibiting possession of a firearm, contact with the alleged victim, and any other restriction the court deems necessary.
A conviction for violation of a dating violence injunction has serious criminal consequences, including jail time and steep fines.
St. Petersburg Lawyer for Dating Violence
If you have been accused of dating violence or domestic violence, it is imperative to contact an experienced Pinellas County dating violence attorney immediately. Violation of a dating violence protection order could have serious criminal consequences and should not be faced alone.
The experienced dating violence injunction lawyers of Morris Law Firm, P.A. defend clients facing any domestic violence-related charges, including domestic assault, domestic battery, child abuse, and violation of a protection order. Contact Morris Law Firm, P.A. today at (727) 592-5885 for a confidential review of your case.
Florida Dating Violence Injunction Information Center
- What is dating violence?
- Who may file for a dating violence injunction?
- What are the terms or restrictions in a dating violence restraining order?
- What are the penalties for violating a dating violence injunction?
Dating Violence –Florida Statute Chapter 784.046(d)
According to Florida Statute Chapter 784.046(d) “Dating violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.
The existence of such a relationship shall be determined based on the consideration of the following factors:
- A dating relationship must have existed within the past 6 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 between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.
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.
Grounds for Dating Violence Injunction
Either the victim of dating violence or parents of a victim of dating violence may file for a dating violence injunction. Parents of a victim of dating violence may only file for the injunction if the child is still a minor and living in the home.
A victim of dating violence may file for a dating violence injunction if he or she believes (or parents) the following:
- He or she is in imminent danger of becoming a victim of dating violence; or
- He or she is in imminent danger of becoming the victim of another act of dating violence.
Restraining Order for Dating Violence Restrictions
Should a court grant
Restraining Order for Dating Violence Restrictions
Should a court grant a victim an injunction for the protection from dating
violence, the court may place any restriction on the respondent (alleged
offender) as deemed necessary for the protection of the petitioner (victim).
Common restrictions or prohibitions contained in a dating violence injunction include the following:
- Restriction from going within 500 feet of the victim’s residence, place of employment, or school;
- Restriction from going within 500 feet of places the victim regularly frequents;
- Restriction from going within 500 feet of the school of the victim’s minor children;
- Prohibition from use or possession of any firearms;
- Required surrender of any firearms to law enforcement;
- Restriction from going within 100 feet of the victim’s vehicle;
- Prohibition from committing any further acts of violence; and
- Restrain from any and all contact with the victim
Violation of Dating Violence Injunction Penalties
Failure to adhere to the terms of a dating violence injunction is a criminal offense. The court will find you in contempt of the dating violence injunction and criminal charges will be filed. Violation of a dating violence injunction is a first-degree misdemeanor, punishable by up to 1 year in jail and a fine of no more than $1,000.
Morris Law Firm, P.A. Pinellas County Lawyer for Dating Violence
If you have been accused or charged with dating or domestic violence, it is important to consult an experienced criminal defense attorney. Melinda Morris of the Morris Law Firm, P.A. is a former domestic violence prosecutor and can utilize her experience to your benefit. The attorneys at the Morris Law Firm, P.A. have the knowledge and skill to develop the best defense possible on your behalf.
The Morris Law Firm, P.A. zealously defends individuals charged with Domestic Violence throughout Florida, including Pinellas County, Hillsborough County, Sarasota County, Pasco County, Manatee County, and the surrounding areas. Contact Morris Law Firm, P.A. at (727) 592-5885 to schedule a confidential consultation.
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Melinda Morris is a former prosecutor and has handled thousands of criminal cases from investigation through sentencing enabling us to identify weaknesses in the State’s case against you.
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