What Is An Injunction Against Sexual Violence In Florida?

An injunction against sexual violence is for individuals who have been the victim of sexual violence in Florida. “Sexual violence” is defined as sexual battery, a lewd sexual act involving a person younger than 16, or any other forcible felony where a sexual act is committed or attempted.

In order to be eligible to file a petition for an injunction against sexual violence, you must have reported the incident to the police or another law enforcement agency. You also must be cooperating in any criminal proceeding against the abuser, if the law enforcement agency decides to bring criminal charges against him or her. You can also file a petition for an injunction against sexual violence on behalf of any minor child who is living at home and who is the victim of the violence for which protection is sought.

In order to get the injunction, you will fill out the necessary forms and file them in the circuit courthouse where you live, the abuser lives, or where the sexual violence occurred. You do not have to pay a fee. After you file the petition, the judge will review it and may issue a temporary injunction, based on the facts.

You may also get a long term injunction. However, you will have to have a full court hearing in which the abuser has the opportunity to be present. The judge will give you a date for the hearing, which will be scheduled before the temporary injunction expires. At the hearing, you will be asked to testify about the sexual abuse you experienced. The abuser will also have the opportunity to testify at the hearing. If the abuser chooses to not show up, you may receive a final injunction, or a date for a new court hearing may be set.


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