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The Moses Law Firm takes the safety and security of those in our community very, very seriously. Therefore, contact us immediately if you are, have been, or reasonably believe you might be the victim of domestic violence and/or repeat violence in Florida or in the Orlando, Florida, area.
While “better safe than sorry” may seem cliché, it really does hold true when considering whether you or someone you know should consider seeking an injunction.
Domestic Violence
“Domestic Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, 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 can include but is not limited to:
- Physical Abuse: Pushing, slapping, kicking, punching, choking, hitting, beating, trapping you in a house, apartment, or room, preventing you from leaving the scene or area by blocking your exit, etc.;
- Emotional/Verbal Abuse: Threats, verbal intimidation, following and stalking, acting out in anger, etc.; and/or
- Sexual Abuse: Any unwanted touching or forcing of someone to engage in a sexual act against his or her will.
You must be the spouse, be the ex-spouse, have had a child with, or be the relative by blood or marriage with the person against whom you are seeking the injunction.
Domestic Violence must have occurred between you and this person, or you must have reasonable cause to believe that domestic violence is about to occur between you and this person, in order to be eligible to obtain an injunction under Florida Law.
Also, you may seek an injunction for or on behalf of your children, too.
Repeat Violence
Anyone can attempt to obtain an injunction under Florida Law if one incident of stalking has occurred or if two incidents of assault, battery, or sexual battery have occurred. In any event, at least one of the incidents must have occurred within the last six months.
Dating Violence
“Dating Violence” is violence between individuals who have had a continuing and significant relationship of a romantic or intimate nature (i.e., been dating) within the last six months.
Sexual Violence
“Sexual Violence” means sexual battery, a lewd or lascivious act committed on a person under age 16, sexual performance by a child, and/or any other forcible felony wherein a sexual act is committed or attempted. A “Sexual Violence Injunction” can be obtained for protection against sexual violence if you are the victim of sexual violence or you are the parent or legal guardian of a minor child living at home who is the victim of sexual violence.
In many cases, though, the laws involving an injunction for protection against sexual violence are more complicated than those for other types of protective injunctions. If you are considering filing for this type of injunction you may be able to obtain advice or assistance from the State Attorney's Office in your county of residence.
The Moses Law Firm. For the Future You Want.SM
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