How to get an injunction or restraining order for dating violence?
Restraining orders (known as injunctions in Florida) for protection against repeat violence are controlled by § 784.046, Florida Statutes.
Under § 784.046, Florida Statutes, you may qualify for an injunction or restraining order if you are the victim of “dating violence”. Florida law defines, “dating violence” as “violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.” § 784.046(d), Florida Statutes.
The judge will consider the following when determining whether your relationship with the other person qualifies you for a restraining order or injunction.
1. A dating relationship must have existed within the past 6 months;
2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
3. 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.
Additionally, Florida law says that, “dating violence” “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.” § 784.046(d), Florida Statutes. Being able to prove the necessary relationship is key to getting a dating violence injunction or restraining order.
Under Florida law, “violence” is defined 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.” § 784.046(a), Florida Statutes.
Dating Violence Restraining Order or Injunction Attorney
At The Law Offices of Scott J. Kalish we have the experience to help you get a restraining order or injunction for protection against repeat violence. We represent people throughout South Florida, specifically Broward, Palm Beach, Miami-Dade, Martin, and St. Lucie Counties.
With our main office conveniently located in Coral Springs, and other office locations throughout South Florida we are never far. If you have a question about getting a restraining order or injunction for protection against repeat violence, reach out to us today for help.