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Injunctions for Protection Against Domestic or Dating Violence, Sexual Violence, and Repeat Violence

What is an injunction?

Also commonly called a restraining order, or an order for protection, an injunction for protection against violence is an order signed by a judge that prohibits the offender from certain acts or prohibiting the offender from being in or going to certain places.

Types of injunctions:

Domestic Violence

Anyone may file a petition for an injunction against domestic violence with the Clerk of the Court in his or her county, provided that:

  • The person filing for the injunction and the person against whom the injunction would be are spouses, former spouses, people related by blood or marriage, people who are presently residing together as if a family or have resided together in the past as if a family, or people who share a child in common whether or not they were ever married or lived together.
  • The person filing the petition is/was a victim of, or has reasonable cause to believe that she/he may become the victim of assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking or any criminal offense resulting in physical injury or death by the person whom the injunction is against.

Dating Violence

Anyone may file a petition against dating violence with the Clerk of Court in his or her county, provided that:

  • There is or has been a continuing and significant relationship of a romantic or intimate nature within the past six months between the person filing and the person against whom the injunction would be filed.
  • The person filing has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence.
  • *(The parent or legal guardian of any minor child living at home can file such petition on the minor’s behalf if the above criteria are met.)

Sexual Violence

Anyone who is the victim of sexual violence, or the parent or legal guardian of a minor child living at home who is the victim of sexual violence, may file a petition against sexual violence with the Clerk of Court in his or her county provided that:

  • The petitioner has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceeding against the respondent, regardless of the disposition of the criminal charges; or
  • The respondent 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 respondent's term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed.

Repeat Violence (not involving a domestic or dating relationship)

Anyone may file a petition against repeat violence with the Clerk of the Court in his or her county, provided that:

  • There are two documented incidents of violence or stalking upon the person filing or their immediate family member by the person against whom the injunction would be, one of which must have occurred within the last six months.

**In all cases, the person filing the petition must swear under oath that the facts and circumstances outlined in the petition are true.


Where do I go to file a petition?

An injunction for protection is obtained by going to your local Clerk of Courts Office. There are clerks there who can assist you with filing the paperwork and explain the process to you. You may also request that one of our victim advocates attend these court hearings with you if there has been a criminal case filed with the Office of the State Attorney, or you may request a victim advocate from the law enforcement agency involved or from one of the local domestic violence centers.

Clerk of Courts Office Locations

Clerk of the Courts - Brevard County
400 South Street
Titusville, FL 32780

Clerk of the Courts - Brevard County
50 South Nieman Avenue
Melbourne, FL 32901

Clerk of the Courts - Brevard County
Harry T. and Harriette V. Moore Justice Center 2825
Judge Fran Jamieson Way
Viera, FL 32940

Clerk of the Courts - Seminole County
Seminole County Civil Courthouse
301 North Park Ave.
Sanford, FL  32773

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