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There is no fee for filing a domestic, stalking, repeat, dating or sexual violence petition.The respondent must be served with a copy of the petition by the Sheriff of the county where the respondent is located. As defined in the Florida Statutes Chapter 741, "Domestic violence means an 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 to any family or household member by another who is or was residing in the same single dwelling unit.Family or household member means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time." Any family or household member who is the victim of any act of domestic violence, or who has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, may file a sworn petition with the Clerk & Comptroller for an injunction for protection.A person’s right to petition for protection shall not be affected by the fact the victim may have left a residence or household to avoid a domestic violence act.As defined in the Florida Statutes Chapter 784, "Repeat violence means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member." As defined in the Florida Statutes Chapter 784, "Stalking means someone is purposefully following or harassing you repeatedly over a period of time for no legitimate purpose, causing you emotional stress.If in doing so, he/she threatens your life or threatens to harm you, with the intent to cause you to reasonable fear for your safety, then the act becomes aggravated." As defined in Florida Statutes Chapter 784, ""Dating violence" means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.
If you or a member of your immediate family is a victim of sexual violence, you may ask the court for a protective order (injunction) prohibiting further sexual violence.Sexual violence means any one incident of: If at least one of the two above factors do not exist in your situation, you cannot file for an injunction against sexual violence.However, you may qualify for one of the other types of injunctions (domestic, repeat or dating).Injunction packets are provided for your convenience.Please print and complete the appropriate injunction packet to the best of your knowledge, and bring it with you to the Clerk & Comptroller's Office unsigned.