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What is DOMESTIC VIOLENCE ?
IT ISN'T JUST WRONG -- IT’S A CRIME
1. What Is Domestic Violence?
Under the provisions of Florida Statute 741.28,
domestic violence means any
assault, aggravated assault, battery, 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 includes acts such as:
Physical Abuse --
Pushing, slapping, kicking, punching, choking, 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/her will.
(**English**) Revised 03/05/05
2. What Does The Law Mean?
If you are being physically or sexually abused, threatened,
falsely imprisoned, or
stalked by a family or household member,
there is a law to protect you.
Family or household member means spouses,
former spouses, persons related by blood or marriage,
persons who are presently residing together as if a family
or who have resided together in the past as if a family,
and persons who are parents of a child
in common regardless of whether they have been married.
With the exception
of persons who have a child in common,
the family or household members
must be currently residing or have in the past resided
together in the same single dwelling unit.
You are also protected if you are currently in or have been in a
violent dating relationship within the last 6 months.
3. Are You A Victim Of Domestic Violence?
IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE ,
or if you have reasonable cause to believe you are
in imminent danger of becoming the victim
of any act of domestic violence, you have the right to file a
PETITION FOR
INJUNCTION FOR PROTECTION AGAINST
DOMESTIC VIOLENCE.
If you are a victim of Repeat or Dating Violence or
Sexual Violence
(or the parent of any minor child who is living at home and who
seeks an injunction for protection against
Repeat or Dating Violence or Sexual Violence
on behalf of the minor child)
or you genuinely fear repeat violence by the subject,
you may file a
PETITION FOR INJUNCTION FOR PROTECTION AGAINST
REPEAT VIOLENCE,
OR DATING VIOLENCE, OR SEXUAL VIOLENCE.
The Clerk of the Court
is required to assist you in seeking both injunctions for protection
against domestic violence and enforcement for a
violation of an injunction.
Representation by an attorney is not required of either party
(Florida Statute 741.30(1)(f).
IF YOU HAVE BEEN A VICTIM OF DOMESTIC VIOLENCE OR
SEXUAL VIOLENCE ,
you may ask the State Attorney to file a criminal complaint. Your
also have the right to go to court and file a petition requesting a
PETITION FOR
INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE, OR
REPEAT VIOLENCE, OR DATING VIOLENCE, OR SEXUAL VIOLENCE
which may include, but need not be limited to:
• provisions which restrain the abuser from further acts of abuse;
• directing the abuser to leave your household;
• preventing the abuse from entering your residence, school, business,
or
place of employment;
• awarding you custody of your minor child or children; and
• directing the abuser to pay support to you and the minor children
if the
abuser has a legal obligation to do so.
For safety reasons, you may furnish your address to the court in a separate
confidential filing when filing the petition for injunction.
4. How Can The Law Help Me?
If you have been a victim of domestic violence,
if the abuser has hurt you
sexually or physically, or if you are afraid that you will be hurt,
Florida's Domestic Violence Law
enables you to work with the court system to stop the violence.
Go to the Clerk of the Court's Office in your county courthouse.
• Bring identification.
• Bring information about where the abuser can be located.
• Bring any other information on the abuser, such as photos or
identification.
• Bring any papers relating to your case.
• Tell the clerk that you are interested in filing a
PETITION FOR INJUNCTION
FOR PROTECTION AGAINST DOMESTIC VIOLENCE,
OR REPEAT VIOLENCE, OR DATING VIOLENCE,
OR SEXUAL VIOLENCE.
The Court Clerk will help you in filing the proper paperwork.
By filling out these forms, you will be explaining to the judge
whom you need protection from and
exactly what type of protection you need.
• After you have completed the paperwork,
the court may determine that
danger of domestic violence exists.
The court may order a
TEMPORARY INJUNCTION,
which is good for 15 days.
Then a full hearing is held to consider your safety and
the safety of your children.
• The abuser must be served with the injunction before it becomes
effective.
The injunction will tell the abuser what the judge requires and when to
return to court for a hearing.
This hearing will be within 15 days unless the
abuser can not be served.
• IT IS IMPORTANT FOR YOU TO
ATTEND THE HEARING
so that you
can make sure the judge understands exactly
what help you need and why.
IF YOU DO NOT ATTEND,
USUALLY THE JUDGE WILL END THE INJUNCTION.
• After the hearing,
a FINAL INJUNCTION
may be granted.
The final injunction is valid until dissolved or amended by the court.
5. What Do I Do If The Abuser Violates The Injunction?
You will receive a copy of the injunction.
Keep it with you at all times.
• If the abuser violates the conditions of an injunction,
call the police right
away.
• The abuser may be arrested.
• If the abuser is arrested, he/she will be held until the court
determines bail.
• The judge will consider your safety and the safety of your children.
• You may go to court if you wish.
• The court may order penalties as allowed by law.
IF THE INJUNCTION HAS BEEN VIOLATED,
BUT NO ARREST HAS BEEN MADE,
report the violation to the Clerk's Office
where the violation occurred and
complete an affidavit in support of the violation.
The judge will determine what
action should be taken for your safety and the safety of your children.
IF YOU HAVE AN OUT OF STATE COURT ORDER FOR PROTECTION
AGAINST DOMESTIC VIOLENCE,
federal and state law provide that law
enforcement recognize and act on the order
as if issued by a Florida court.
This includes orders issued by courts from the
District of Columbia, Indian tribes,
commonwealth territory, or possessions of the United States.
6. Exemption From Public Inspection
Under the provisions of s. 119.07(3)(s), F.S.,
any information which reveals the
home or employment telephone number,
home or employment address, or
personal assets of a person who has been
the victim of sexual battery,
aggravated child abuse, aggravated stalking, harassment,
aggravated battery, or
domestic violence is exempt from public inspection
and examination.
You must
make a written request and provide official verification,
such as a police report,
that an applicable crime has occurred.
Such information shall remain
exempt for 5 years,
after which it will become available to the public.
7. Whom May I Talk To For More Information?
Florida Domestic Violence Hotline
(For legal assistance hit prompt #3)
1-800-500- 1119
Florida Abuse Hotline
(To file confidential reports of child abuse)
1-800-962- 2873
National Child Abuse Hotline
(24 hour help line which provides crisis counseling,
information and referrals)
1-800-422-4453
National Domestic Violence Hotline
1-800-799-7233
Local Numbers
(insert local contact numbers here)
Your Case Information
__________________________________________
Law Enforcement Agency
__________________________________________
Phone Number
__________________________________________
Case Number
__________________________________________
Date of Report
__________________________________________
Officer's Name ID Number
DID YOU KNOW?
• In Florida, a person is killed by a family member
every 36 hours.
• Domestic Violence is the leading cause of
injury to women.
• More than 100,000 incidents of domestic violence
are reported in Florida
each year involving victims young and old, male and female.
YOU HAVE RIGHTS . . .
KNOWING YOUR LEGAL RIGHTS AND OPTIONS
IS THE FIRST STEP TOWARD ENDING ABUSE.
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