Text Size: A A A | Print | Site Map | Hide Banner Home : Courts : Domestic Relations : Injunctions/Domestic Violence

Injunctions

Domestic Violence

An Injunction for Protection Against Domestic Violence is a court order that directs a person not to have any contact with you.  It used to be referred to as a "Restraining Order". You may be eligible for an Injunction for Protection if you are or have been a victim of domestic violence or have reasonable cause to believe you are in imminent danger of becoming the victim of domestic violence.

Domestic Violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another.  An Injunction for Protection from Domestic Violence may be obtained from the Clerk of the Circuit Court's office by applying in person.  Certain eligibility requirements must be met pursuant to Chapter 741, Florida Statutes.  Clerk's office personnel will assist the Petitioner by screening him or her for eligibility and in completing the required forms.  No fee is assessed for filing an Injunction.

In order to obtain an Injunction against someone, you must have a relationship with that person which meets one of the following criteria:

  • A spouse
  • A former spouse
  • A person related by blood or marriage who has lived together with you in the same dwelling
  • A person who has lived together with you in the same dwelling as though they were your spouse
  • A person with whom you have had a child together, even if you have never lived together

While an Injunction may be continued for an indefinite period of time (after a hearing), either the petitioner or respondent may complete a Motion for Modification and it will be forwarded to the assigned judge for consideration.  Clerk's personnel will assist in the completion of the form.

 

Dating Violence

An Injunction for Protection against Dating Violence is a court order that directs a person not to have any contact with you.  It may be referred to as a “Restraining Order” or an “Order of Protection”.  You may be eligible for an Injunction for Protection if you have been a victim of Dating Violence or have reasonable cause to believe that you are in imminent danger of becoming the victim of Dating Violence.

Dating Violence means any violent (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) between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.  An Injunction for Protection against Dating Violence may be obtained from the Clerk of the Circuit Court’s office by applying in person.  Certain eligibility requirements must be met pursuant to Chapter 784, Florida Statutes.  Clerk’s office personnel will assist the Petitioner by screening him or her for eligibility and in completing the required forms.  No fee is assessed for filing an Injunction.

In order to obtain an Injunction for Protection against Dating Violence, you must have:

  • Had a dating relationship that must have existed within the past six months; and
  • Had a relationship characterized by the expectation of affection or sexual involvement between the parties; and
  • Had a relationship where the frequency and type of interaction between the persons involved must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.

Note: Parties cannot be spouses/former spouse, have lived together “as if a family” or have a child in common.

While an Injunction may be continued for an indefinite period of time (after a hearing), either the petitioner or respondent may complete a Motion for Modification and it will be forwarded to the assigned judge for consideration.  Clerk's personnel will assist in the completion of the form.

 

Sexual Violence

An Injunction for Protection Against Sexual Violence is a court order that directs a person not to have any contact with you.  It may be referred to as a “Restraining Order” or an “Order of Protection”.  You may be eligible for an Injunction for Protection if you have been a victim of Sexual Violence.

Sexual Violence means any one incident of (1) Sexual battery as defined in chapter 794; (2) 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; (3) Luring or enticing a child, as described in chapter 787; (4) Sexual performance by a child, as described in chapter 827; or (5) Any other forcible felony wherein a sexual act is committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the state attorney. An Injunction for Protection against Sexual Violence may be obtained from the Clerk of Circuit Court’s office by applying in person.  Certain eligibility requirements must be met pursuant to Chapter 784, Florida Statutes. Clerk’s office personnel will assist the Petitioner by screening him or her for eligibility and in completing the required forms.  No fee is assessed for filing an Injunction.
In order to obtain an Injunction for Protection against Sexual Violence:

  • You must be a person(s) who is the victim of sexual violence or the parent or legal guardian of a minor child who is living at home who is the victim of sexual violence; and
  • You must have reported the sexual violence to a law enforcement agency and be cooperating in any criminal proceedings against the respondent, regardless of whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the State Attorney; or
  • The party who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the party’s term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed

While an Injunction may be continued for an indefinite period of time (after a hearing), either the petitioner or respondent may complete a Motion for Modification and it will be forwarded to the assigned judge for consideration.  Clerk's personnel will assist in the completion of the form

 

Repeat Violence

An Injunction for Protection against Repeat Violence is a court order that directs a person not to have any contact with you.  It may be referred to as a “Restraining Order” or an “Order of Protection”.  You may be eligible for an Injunction for Protection if you have been a victim of Repeat Violence.

Repeat Violence means any two incidents of violence (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) or stalking committed by the respondent, one of which must have been within six (6) months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member(s).
Parties who may file for an Injunction for Protection against Repeat Violence are parties who are victims of Repeat Violence and do not qualify to file a Domestic Violence, Dating Violence or Sexual Violence Injunction.  These parties are typically neighbors, co-workers, or former co-workers.

While an Injunction may be continued for an indefinite period of time (after a hearing), either the petitioner or respondent may complete a Motion for Modification and it will be forwarded to the assigned judge for consideration.  Clerk's personnel will assist in the completion of the form.

 

Florida's public records laws protect the identity of a person who is a victim of sexual offense.

Addresses, telephone numbers, and social security numbers of persons in the Address Confidentiality Program for Victims of Domestic Violence held by the Office of the Attorney General are also protected by Florida law.

If you have previously signed a request for name exemption and have questions, please contact the injunction clerk.
Injunctions / Domestic Violence Resources
Injunctions/Domestic Violence Office
Lake County Courthouse (CH)
550 W. Main St., 3rd Floor
Tavares, FL 32778
Phone: (352) 742-4319
Fax: (352) 742-4269