How to get an injunction or restraining order for dating violence?
Restraining orders (known as injunctions in Florida) for protection against sexual 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 “sexual violence”. Florida law defines, “sexual violence” as any incident of the following:
- Sexual battery, as defined in chapter 794;
- A lewd or lascivious act, as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age;
- Luring or enticing a child, as described in chapter 787;
- Sexual performance by a child, as described in chapter 827; or
- Any other forcible felony wherein a sexual act is committed or attempted.
It is important to note that Florida law says, that you may still be entitled to an injunction based on sexual violence, regardless if any criminal charges based on the incident were filed, reduced, or dismissed by the state attorney. This means that any criminal case or investigation is totally independent from your right to obtain an injunction.
To determine whether you meet the above definitions under Florida law see below.
How is “sexual battery” defined under Florida law?
Florida law, specifically § 794.011(1)(h), Florida Statutes, defines “sexual battery” as the “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.”
How is “lewd or lascivious” act defined under Florida law?
Florida law, specifically Chapter 800 has different varieties of acts that may be “lewd or lascivious”. For example, a “lewd or lascivious” act may consist of “molestation” which is when a person “touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.” § 800.04(5), Florida Statutes.
How is “luring or enticing a child” act defined under Florida law?
Florida law, defines the crime of “luring or enticing a child” when ” [a] person 18 years of age or older who intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose”. § 787.025(2)(a), Florida Statute.
How is “sexual performance by a child” defined under Florida law?
Florida law, specifically § 827.071, Florida Statutes, defines “sexual performance by a child” as “any performance or part thereof which includes sexual conduct by a child of less than 18 years of age.”
What is “forcible felony” under Florida law?
Florida law, specifically § 776,08, Florida Statutes, defines “forcible felony” as any of the following, “treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.”
Sexual 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 sexual 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 sexual violence, reach out to us today for help.