Sexual Violence

Sexual violence means persons involved in sexually lewd acts, including any forcible felonies. The sexual violence must have been reported to a law enforcement agency. If you are a victim of sexual violence or the parent or legal guardian of a minor child who is living at home and is the victim of sexual violence, you can ask the Court for a protective order prohibiting sexual violence. Sexual violence means any one incident of:
  • Any other forcible felony wherein a sexual act is committed or attempted
  • 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 battery, as defined in chapter 794, Florida Statutes
  • Sexual performance by a child, as described in chapter 827, Florida Statutes

Requirements for Getting an Injunction


In order to get an injunction you must have reported the sexual violence to a law enforcement agency and be cooperating in the criminal proceeding, if there is one. It does not matter whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the State Attorney's office. You may also seek an injunction for protection against sexual violence crimes listed above against you or a minor child living at home and respondent is out of prison or is getting out of prison within 90 days of your petition. Attach the Notice of Inmate Release to your petition.

Because you are making a request to the Court, you are called the petitioner. The person whom you are asking the Court to protect your from is called the respondent.

Minors


If you are seeking an injunction for protection against sexual violence on behalf of a minor child who is living at home, the parent or legal guardian must have been an eye-witness to, or have direct physical evidence or affidavits from eye-witnesses of, the specific facts and circumstances that form the basis of the petition. If you are under the age of eighteen and have never been married or had the disabilities of nonage removed by a Court, one of your parents or your legal guardian must sign this petition on your behalf.

Fee


There is no filing fee.

Download the Sexual Violence Injunction Packet (PDF)