Unlike Petitions for Protection from Domestic Violence or Dating Violence, there is no specific relationship requirement between the Petitioner and the Respondent, however, there are some unique factors. The requirements for an Injunction for Protection from Sexual Violence are:
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- The Petitioner must be the victim of sexual violence by the Respondent, which includes:
- Sexual battery as defined in chapter 794, Florida Statutes,
- A lewd or lascivious act, as defined in chapter 800, Florida Statutes committed upon or in the presence of a person younger than 16 years of age,
- Luring or enticing a child as described in chapter 787, Florida Statutes,
- Sexual performance by a child as described in chapter 827, Florida Statutes, or,
- Any other forcible felony wherein a sexual act is committed or attempted.
- The Petitioner must have reported the sexual violence to a law enforcement agency and cooperate in any criminal proceeding against the respondent, regardless of whether criminal charges have been filed, reduced, or dismissed by the state attorney, OR
- The Respondent who committed the sexual violence was sentenced to a term of imprisonment in state prison for the sexual violence committed and the Respondent’s sentence has expired or is due to expire within 90 days after the filing of the petition.
- The Petitioner must be the victim of sexual violence by the Respondent, which includes:
The Petition itself must be filed in one of three possible jurisdictions. Either where the Petitioner lives, where the Respondent lives, or where the act of sexual violence occurred.
If you are in need of an Injunction for Protection, contact us to set up a consultation with one of our attorneys, (727)954-3720.
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