South Florida Criminal Defense Lawyer Blog
Florida Statute 784.046 for Action by victim of repeat violence, sexual violence, or dating violence for protective injunction defines violence as “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”.
The statute separates what repeat violence is from sexual violence and dating violence. They all have different elements that need to be proven in order for a petition to be granted.
When we talk about repeat violence we are talking about two incidents of violence committed by the respondent in a petition. One of those two incidents must have occurred within 6 months of the time the petitioner filed the petition.
Dating violence refers to violence between two individuals who have or had a “continuing and significant relationship of a romantic or intimate nature”
And last, sexual battery refers to an incident of sexual battery, lewd or lascivious act, luring or enticing, or other forcible felony where a sexual act is committed.