Battery dating violence
Like the name suggests, domestic battery charges first start with an assault or battery. Domestic battery charges must include proof of some type of assault, or physical contact, that resulted in the victim experiencing pain.If the victim wasn’t physically touched or did not feel any pain as the result of a touch, then the charges never expand to the second element.If your petition is approved, a Permanent Injunction may be ordered.Serving Notice A sheriff will attempt to serve the respondent with a copy of the pertinent court document.Domestic violence is 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 means that the prosecutor must be able to prove that certain facts (known as “elements of the crime”) are true.
A Temporary Injunction may be issued until a Judge can rule on your petition.
If the judge decides you do not meet the statutory requirements for the temporary injunction, you may still request a hearing where you and the respondent will appear before the judge.
Anyone in immediate danger should call 9 1 1 A petition for domestic violence injunction – sometimes called a restraining order– can be filed by anyone who is the victim of any act of domestic violence (including repeat violence, dating violence and sexual violence) or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.
Florida Statutes outline what a petitioner may seek protection from in various types of petitions: When filing a petition for an injunction, you do not need to be represented by an attorney.