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Injunction to Prevent "Dating Violence" Pursuant to 784.046

Romantic and other intimate relationships can be complicated and fraught with disagreement. Sometimes, this leads to rash behavior - after all, it’s easy for things to get out of hand when it’s someone you love. A dating violence injunction can only complicate matters further, but the experienced injunction defense team at Hanlon Law is here to help. 


What is Dating Violence? 


Dating violence is defined by Florida Statute 784.046 as any violence between individuals who are in a continuing relationship that is romantic and/or intimate in nature. So, where domestic violence can occur between members of the same household regardless of their relationship to each other, dating violence can only occur between romantic/intimate partners, regardless of whether they live together. 


However, the key word in this statute is “continuing.” Typically, courts will look at the duration of the relationship, with 6 months as the rough basis for the legal definition of “dating.” 


It’s important to note that an incident can be classified as dating violence even if neither partner involved considers the relationship “dating.” For example, violence during repeated sexual encounters that last over the course of 6 months would be deemed dating violence even if the couple are not dating in the social context of the word.


What is a Dating Violence Injunction? 


While “injunction” may sound complicated, it’s simply a court order that restricts certain behaviors - more commonly referred to as “restraining orders.” 


These orders may originate within the court itself in response to an ongoing case or the result of a trial, but they are often requested by civilians seeking legal protection from stalking, domestic abuse, or other repeat violence. The specifics of what behaviors an injunction restricts depends on what kind of restraining order is sought, along with the protections the person who requests it (the petitioner) is looking for, the facts of the case, and the judge’s discretion. 


Dating violence injunctions, specifically, are sought by victims of dating violence or those who have cause to believe that they are in imminent danger of becoming a victim of dating violence to protect themselves from the abusive partner. 


There are three classifications of restraining order: temporary (or ex parte), permanent (or final), and preliminary. Temporary injunctions, lasting no more than 15 days, are generally the easiest to obtain, as they do not require a court hearing and are granted on the basis of the petitioner’s testimony alone. However, in dating violence cases, winning a temporary injunction may be more difficult. The petitioner must be able to show that they are in imminent danger. If the threat is not deemed sufficient, the injunction will not be granted. Instead, the court will schedule a permanent injunction hearing, where both parties may present their case before a final ruling is made.


What Does A Dating Violence Injunction Do? 


The specific restrictions of any given injunction will depend on the situation, and the specifics of what a particular injunction demands can be found on the injunction itself. Similarly, the duration of an injunction varies depending on the circumstances, and can be found on the injunction. Temporary injunctions may not exceed 15 days, but permanent injunctions may last for the duration of the petitioned party’s life. 


There are, however, some commonalities amongst dating violence injunctions. Typically, these orders will prohibit the petitioned from contacting the petitioner, either in person or electronically. Some injunctions will go so far as to disallow indirect communication, such as through a third party. Other common restrictions involve prohibiting the petitioned from knowingly coming within a certain radius of the petitioner or their place of residence, place of employment, and even their motor vehicle. They may also make allowances for the alternating or supervised use of shared living spaces, or dictate child custody arrangements. 


Orlando Area Injunction Defense Attorneys


Despite how intimidating these restrictions may sound, all hope is not lost. If you’ve been served an ex parte injunction, or been summoned to appear at a hearing for a permanent injunction, you still have options, and Hanlon Law can help. With nearly two decades of experience in the defense business, our seasoned legal team will advocate tirelessly on your behalf and help you take advantage of every opportunity to help you secure the best possible outcome. Contact Hanlon Law today to schedule a free consultation.

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