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Battery dating violence florida

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Florida Statute 741.30(1)(a) states that a “family or household member” who is the victim of domestic violence or who has “reasonable cause” to believe that he or she is in imminent danger of becoming the victim of domestic violence may file for an injunction for protection against domestic violence.

The person filing for the injunction is known as the “petitioner.” This seemingly simple statement uses specific terms to precisely describe who may and who may not file for an injunction.

These facts can include a history of violence between the parties, any threats that have been made by the respondent, whether law enforcement has been called, or any other similar circumstances.

If Sarah sees her ex-spouse Josh showing up without warning or invitation at her place of business or following her in the grocery store, these facts could support a finding of “reasonable cause.” But if the other person has not done or said anything that suggests any sort of violence, the petitioner’s “what if” or “it could happen” beliefs are not going to be sufficient.

It is not necessary for either the petitioner or the person against whom the injunction is sought to have an attorney represent them.

“Reasonable cause” suggests that there should be objective facts to support the belief that the petitioner is about to become a victim of domestic violence.It should come as no surprise that intense emotions often accompany the end of a relationship.Some spouses who find themselves involved in divorce proceedings may be angry, sad, frustrated, (and yes, in some cases, happy and relieved).It does not matter if criminal charges are actually filed or if those charges are reduced or dismissed by the prosecutor.· Dating violence injunctions, available to protect those in who have a “continuing and significant relationship of a romantic or intimate nature” from violence..Stalking injunction, available to protect against physical stalking, cyberstalking, harassment, and other similar acts.Domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense that causes physical injury or death to a family or household member and is brought about by another family or household member.