Podcast
Questions and Answers
What is an assault according to the Florida Statutes?
What is an assault according to the Florida Statutes?
What is the punishment for a person who assaults another person?
What is the punishment for a person who assaults another person?
What is aggravated assault?
What is aggravated assault?
What is the punishment for a person who commits aggravated assault?
What is the punishment for a person who commits aggravated assault?
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What happens if a person commits aggravated assault in furtherance of a riot or an aggravated riot?
What happens if a person commits aggravated assault in furtherance of a riot or an aggravated riot?
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What is the difference between assault and aggravated assault?
What is the difference between assault and aggravated assault?
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What is the purpose of the ranking under s. 921.0022?
What is the purpose of the ranking under s. 921.0022?
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What is the main element that makes an assault an aggravated assault?
What is the main element that makes an assault an aggravated assault?
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What is meant by 'repeat violence' according to Florida law?
What is meant by 'repeat violence' according to Florida law?
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What is considered sexual violence under Florida law?
What is considered sexual violence under Florida law?
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Who has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence?
Who has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence?
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What is required to establish a dating relationship for the purpose of determining dating violence?
What is required to establish a dating relationship for the purpose of determining dating violence?
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What is excluded from the definition of dating violence?
What is excluded from the definition of dating violence?
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What is created for cases of repeat violence, dating violence, and sexual violence?
What is created for cases of repeat violence, dating violence, and sexual violence?
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Who can file a sworn petition for an injunction for protection against dating violence?
Who can file a sworn petition for an injunction for protection against dating violence?
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What is required for a person to have standing to file a petition for an injunction for protection against dating violence?
What is required for a person to have standing to file a petition for an injunction for protection against dating violence?
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What is included in the definition of 'violence' under Florida law?
What is included in the definition of 'violence' under Florida law?
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What is the time period within which one incident of violence or stalking must have occurred for it to be considered 'repeat violence'?
What is the time period within which one incident of violence or stalking must have occurred for it to be considered 'repeat violence'?
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What is the minimum degree of punishment for a person who commits a battery?
What is the minimum degree of punishment for a person who commits a battery?
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What is the punishment for a person who commits a battery in furtherance of a riot or an aggravated riot?
What is the punishment for a person who commits a battery in furtherance of a riot or an aggravated riot?
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What is the definition of 'conviction' in the context of battery?
What is the definition of 'conviction' in the context of battery?
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What is the punishment for a person who commits felony battery?
What is the punishment for a person who commits felony battery?
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What is the definition of 'dating relationship' in the context of domestic battery by strangulation?
What is the definition of 'dating relationship' in the context of domestic battery by strangulation?
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What is the punishment for a person who commits aggravated battery?
What is the punishment for a person who commits aggravated battery?
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What is the definition of 'family or household member' in the context of domestic battery by strangulation?
What is the definition of 'family or household member' in the context of domestic battery by strangulation?
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What is the minimum degree of punishment for a person who commits domestic battery by strangulation?
What is the minimum degree of punishment for a person who commits domestic battery by strangulation?
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What is the definition of 'aggravated battery'?
What is the definition of 'aggravated battery'?
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What is the ranking for a violation of aggravated battery committed in furtherance of a riot or an aggravated riot?
What is the ranking for a violation of aggravated battery committed in furtherance of a riot or an aggravated riot?
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What is indicated on the face of a temporary or final judgment on injunction for protection against repeat violence, sexual violence, or dating violence?
What is indicated on the face of a temporary or final judgment on injunction for protection against repeat violence, sexual violence, or dating violence?
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Who may serve an injunction for protection against repeat violence, sexual violence, or dating violence?
Who may serve an injunction for protection against repeat violence, sexual violence, or dating violence?
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What is the purpose of the Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System?
What is the purpose of the Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System?
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What happens when a law enforcement officer receives an electronic copy of an injunction from the clerk of the court?
What happens when a law enforcement officer receives an electronic copy of an injunction from the clerk of the court?
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What may be ordered by the court if the petitioner requests the assistance of a law enforcement agency?
What may be ordered by the court if the petitioner requests the assistance of a law enforcement agency?
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What is the responsibility of the clerk of the court regarding the injunction?
What is the responsibility of the clerk of the court regarding the injunction?
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When must an electronic copy of an injunction be certified by the clerk of the court?
When must an electronic copy of an injunction be certified by the clerk of the court?
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What may be granted in addition to other civil or criminal remedies?
What may be granted in addition to other civil or criminal remedies?
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When may a party move to modify or dissolve the injunction?
When may a party move to modify or dissolve the injunction?
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What is required to be given to the person against whom the order is sought?
What is required to be given to the person against whom the order is sought?
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Who has standing in the circuit court to file a sworn petition for an injunction for protection against sexual violence?
Who has standing in the circuit court to file a sworn petition for an injunction for protection against sexual violence?
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What is a requirement for a person who has reported sexual violence to file a petition for an injunction for protection against sexual violence?
What is a requirement for a person who has reported sexual violence to file a petition for an injunction for protection against sexual violence?
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What is the fee that the clerk of the court may request for reimbursement for petitions for protection issued by the court?
What is the fee that the clerk of the court may request for reimbursement for petitions for protection issued by the court?
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What is not required by the court for the entry of an injunction for protection against sexual violence?
What is not required by the court for the entry of an injunction for protection against sexual violence?
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Who must provide the petitioner with a certified copy of any injunction for protection against sexual violence entered by the court?
Who must provide the petitioner with a certified copy of any injunction for protection against sexual violence entered by the court?
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What must be included in the sworn petition for an injunction for protection against sexual violence?
What must be included in the sworn petition for an injunction for protection against sexual violence?
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What is the purpose of the simplified forms provided by the clerk of the court?
What is the purpose of the simplified forms provided by the clerk of the court?
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What is the requirement for a parent or legal guardian seeking a protective injunction on behalf of a minor child who is living at home?
What is the requirement for a parent or legal guardian seeking a protective injunction on behalf of a minor child who is living at home?
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What is the requirement for a petitioner who is not represented by counsel?
What is the requirement for a petitioner who is not represented by counsel?
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What is the effect of a cause of action for an injunction for protection against sexual violence?
What is the effect of a cause of action for an injunction for protection against sexual violence?
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Where can a petitioner provide their address in a separate confidential filing?
Where can a petitioner provide their address in a separate confidential filing?
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What is a requirement for a petitioner to have suffered repeat violence?
What is a requirement for a petitioner to have suffered repeat violence?
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What is a requirement for a petitioner to have suffered sexual violence?
What is a requirement for a petitioner to have suffered sexual violence?
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What is a requirement for a petitioner to be a victim of dating violence?
What is a requirement for a petitioner to be a victim of dating violence?
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What is the purpose of the petition?
What is the purpose of the petition?
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What happens upon the filing of the petition?
What happens upon the filing of the petition?
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When can the court grant a temporary injunction?
When can the court grant a temporary injunction?
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What is the maximum duration of an ex parte temporary injunction?
What is the maximum duration of an ex parte temporary injunction?
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What is the purpose of a full hearing?
What is the purpose of a full hearing?
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What can the court grant at a full hearing?
What can the court grant at a full hearing?
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What is the preferred response of a law enforcement officer when they have probable cause to believe that two or more persons have committed a misdemeanor or felony related to dating violence?
What is the preferred response of a law enforcement officer when they have probable cause to believe that two or more persons have committed a misdemeanor or felony related to dating violence?
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What is the penalty for a person who willfully violates a condition of pretrial release related to an act of dating violence?
What is the penalty for a person who willfully violates a condition of pretrial release related to an act of dating violence?
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What is the requirement for a law enforcement officer to determine who was the primary aggressor in a situation involving dating violence?
What is the requirement for a law enforcement officer to determine who was the primary aggressor in a situation involving dating violence?
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What is the penalty for a person who willfully violates an injunction for protection against repeat violence, sexual violence, or dating violence?
What is the penalty for a person who willfully violates an injunction for protection against repeat violence, sexual violence, or dating violence?
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What is the requirement for a law enforcement officer to make an arrest in a situation involving dating violence?
What is the requirement for a law enforcement officer to make an arrest in a situation involving dating violence?
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What is the immunity granted to a law enforcement officer acting in good faith under this section?
What is the immunity granted to a law enforcement officer acting in good faith under this section?
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What information must the clerk of the court electronically transmit to the sheriff with jurisdiction over the residence of the petitioner within 24 hours after the court issues an injunction?
What information must the clerk of the court electronically transmit to the sheriff with jurisdiction over the residence of the petitioner within 24 hours after the court issues an injunction?
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What is the requirement for a law enforcement officer to determine the primary aggressor in a situation involving dating violence?
What is the requirement for a law enforcement officer to determine the primary aggressor in a situation involving dating violence?
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Who is responsible for developing an automated process for notifying a petitioner of service of an injunction for protection?
Who is responsible for developing an automated process for notifying a petitioner of service of an injunction for protection?
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What is the penalty for a person who commits a misdemeanor of the first degree related to dating violence?
What is the penalty for a person who commits a misdemeanor of the first degree related to dating violence?
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Within what time period must the sheriff make information relating to the injunction available to other law enforcement agencies after receiving a certified copy of the injunction?
Within what time period must the sheriff make information relating to the injunction available to other law enforcement agencies after receiving a certified copy of the injunction?
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What is the requirement for a law enforcement officer to make an arrest in a situation involving dating violence?
What is the requirement for a law enforcement officer to make an arrest in a situation involving dating violence?
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What happens to the monetary assessments collected by the clerk of the court for violating an injunction for protection?
What happens to the monetary assessments collected by the clerk of the court for violating an injunction for protection?
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Who can move the court to modify or dissolve an injunction at any time?
Who can move the court to modify or dissolve an injunction at any time?
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What is the penalty for a person who willfully violates a condition of pretrial release related to an act of dating violence?
What is the penalty for a person who willfully violates a condition of pretrial release related to an act of dating violence?
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What happens to the respondent if they are arrested by a law enforcement officer for committing an act of repeat violence in violation of an injunction?
What happens to the respondent if they are arrested by a law enforcement officer for committing an act of repeat violence in violation of an injunction?
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Who must notify the department of the court's action if an injunction for protection is lifted, terminated, or otherwise rendered no longer effective?
Who must notify the department of the court's action if an injunction for protection is lifted, terminated, or otherwise rendered no longer effective?
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What is the purpose of the automated process developed by the Florida Association of Court Clerks and Comptrollers?
What is the purpose of the automated process developed by the Florida Association of Court Clerks and Comptrollers?
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Who must electronically transmit a copy of the written proof of service of process to the sheriff with jurisdiction over the residence of the petitioner?
Who must electronically transmit a copy of the written proof of service of process to the sheriff with jurisdiction over the residence of the petitioner?
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Where are the monetary assessments collected by the clerk of the court for violating an injunction for protection deposited?
Where are the monetary assessments collected by the clerk of the court for violating an injunction for protection deposited?
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What is the responsibility of a law enforcement officer when investigating an alleged incident of dating violence?
What is the responsibility of a law enforcement officer when investigating an alleged incident of dating violence?
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What must a law enforcement officer advise the victim of when investigating an alleged incident of dating violence?
What must a law enforcement officer advise the victim of when investigating an alleged incident of dating violence?
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What must a law enforcement officer give to the victim when investigating an alleged incident of dating violence?
What must a law enforcement officer give to the victim when investigating an alleged incident of dating violence?
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What must be included in the written police report when investigating an alleged incident of dating violence?
What must be included in the written police report when investigating an alleged incident of dating violence?
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Why must a law enforcement officer obtain a written statement from the victim and witnesses when investigating an alleged incident of dating violence?
Why must a law enforcement officer obtain a written statement from the victim and witnesses when investigating an alleged incident of dating violence?
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What must a law enforcement agency do with the initial police report and any subsequent reports when investigating an alleged incident of dating violence?
What must a law enforcement agency do with the initial police report and any subsequent reports when investigating an alleged incident of dating violence?
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What is the purpose of the legal rights and remedies notice?
What is the purpose of the legal rights and remedies notice?
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What must the legal rights and remedies notice include?
What must the legal rights and remedies notice include?
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What is the time period within which the law enforcement agency must send a copy of the initial police report to the nearest locally certified domestic violence center?
What is the time period within which the law enforcement agency must send a copy of the initial police report to the nearest locally certified domestic violence center?
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What is the purpose of the written police report when investigating an alleged incident of dating violence?
What is the purpose of the written police report when investigating an alleged incident of dating violence?
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What constitutes a 'course of conduct' in the context of stalking?
What constitutes a 'course of conduct' in the context of stalking?
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What is the minimum degree of punishment for a person who commits stalking?
What is the minimum degree of punishment for a person who commits stalking?
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What is 'cyberstalk' in the context of stalking?
What is 'cyberstalk' in the context of stalking?
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What is the punishment for a person who commits aggravated stalking?
What is the punishment for a person who commits aggravated stalking?
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What is a 'credible threat' in the context of stalking?
What is a 'credible threat' in the context of stalking?
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What is the punishment for a person who commits stalking and has two or more prior convictions for violation of an injunction or foreign protection order?
What is the punishment for a person who commits stalking and has two or more prior convictions for violation of an injunction or foreign protection order?
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What is 'harass' in the context of stalking?
What is 'harass' in the context of stalking?
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What is the punishment for a person who commits aggravated stalking and makes a credible threat to another person?
What is the punishment for a person who commits aggravated stalking and makes a credible threat to another person?
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What is the minimum age of the victim for a person to commit aggravated stalking?
What is the minimum age of the victim for a person to commit aggravated stalking?
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What is the definition of 'conviction' in the context of stalking?
What is the definition of 'conviction' in the context of stalking?
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Where should a request for reimbursement be submitted?
Where should a request for reimbursement be submitted?
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What is the maximum fee that a law enforcement agency can request for serving an injunction?
What is the maximum fee that a law enforcement agency can request for serving an injunction?
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What is the responsibility of the clerk of the court regarding injunctions for protection against stalking?
What is the responsibility of the clerk of the court regarding injunctions for protection against stalking?
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What is provided by the clerk of the court to assist petitioners in seeking injunctions?
What is provided by the clerk of the court to assist petitioners in seeking injunctions?
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What is the clerk of the court's responsibility regarding the petitioner's privacy?
What is the clerk of the court's responsibility regarding the petitioner's privacy?
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What is the degree of felony for aggravated stalking?
What is the degree of felony for aggravated stalking?
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Under what circumstances may a law enforcement officer arrest a person without a warrant?
Under what circumstances may a law enforcement officer arrest a person without a warrant?
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What is the maximum duration of an order restraining the defendant from any contact with the victim?
What is the maximum duration of an order restraining the defendant from any contact with the victim?
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What is the requirement for filing a petition for an injunction for protection against stalking?
What is the requirement for filing a petition for an injunction for protection against stalking?
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What is the purpose of the cause of action for an injunction for protection against stalking?
What is the purpose of the cause of action for an injunction for protection against stalking?
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Where may a petition for an injunction for protection against stalking be filed?
Where may a petition for an injunction for protection against stalking be filed?
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What is the amount of the fee that the clerk of the court may request for reimbursement for petitions for protection issued by the court?
What is the amount of the fee that the clerk of the court may request for reimbursement for petitions for protection issued by the court?
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What is the purpose of the Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System?
What is the purpose of the Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System?
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What is the responsibility of the clerk of the court regarding the injunction?
What is the responsibility of the clerk of the court regarding the injunction?
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What may be granted in addition to other civil or criminal remedies?
What may be granted in addition to other civil or criminal remedies?
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What is the maximum time frame within which a full hearing for a temporary injunction must be set?
What is the maximum time frame within which a full hearing for a temporary injunction must be set?
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What is the purpose of the relief granted by the court under subparagraph (a)4. of the section?
What is the purpose of the relief granted by the court under subparagraph (a)4. of the section?
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What must a final judgment on an injunction for protection against stalking entered pursuant to this section specify?
What must a final judgment on an injunction for protection against stalking entered pursuant to this section specify?
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Who may be present with the petitioner or respondent during any court proceedings or hearings related to the injunction for protection?
Who may be present with the petitioner or respondent during any court proceedings or hearings related to the injunction for protection?
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What must the clerk of the court do within 24 hours after the court issues an injunction for protection against stalking?
What must the clerk of the court do within 24 hours after the court issues an injunction for protection against stalking?
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What is the purpose of the recording of all proceedings under this subsection?
What is the purpose of the recording of all proceedings under this subsection?
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What may the court grant in addition to other civil or criminal remedies?
What may the court grant in addition to other civil or criminal remedies?
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When may a party move to modify or dissolve the injunction?
When may a party move to modify or dissolve the injunction?
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What is the purpose of the list of certified domestic violence centers, certified rape crisis centers, and other appropriate referrals provided by the court?
What is the purpose of the list of certified domestic violence centers, certified rape crisis centers, and other appropriate referrals provided by the court?
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What is the minimum requirement for a continuance of the hearing?
What is the minimum requirement for a continuance of the hearing?
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What is the minimum number of certified copies of the order of injunction that the clerk of the court shall provide to a petitioner?
What is the minimum number of certified copies of the order of injunction that the clerk of the court shall provide to a petitioner?
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Who is responsible for providing training to the clerk of the court and appropriate staff in each county?
Who is responsible for providing training to the clerk of the court and appropriate staff in each county?
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What is the purpose of the informational brochures made available by the clerk of the court in each county?
What is the purpose of the informational brochures made available by the clerk of the court in each county?
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What must be included in the sworn petition for an injunction for protection against stalking?
What must be included in the sworn petition for an injunction for protection against stalking?
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What is the purpose of the sworn petition form?
What is the purpose of the sworn petition form?
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What information may be furnished in a separate confidential filing if the petitioner requires it to be confidential?
What information may be furnished in a separate confidential filing if the petitioner requires it to be confidential?
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What is the purpose of the statewide uniform informational brochure?
What is the purpose of the statewide uniform informational brochure?
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When must the clerk of the court distribute the statewide uniform informational brochure to petitioners?
When must the clerk of the court distribute the statewide uniform informational brochure to petitioners?
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What information must the petitioner provide about previous attempts to obtain an injunction for protection against stalking?
What information must the petitioner provide about previous attempts to obtain an injunction for protection against stalking?
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What must the petitioner allege in the petition to obtain an injunction for protection against stalking?
What must the petitioner allege in the petition to obtain an injunction for protection against stalking?
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What is the purpose of the statement in all capital letters and bold type at the end of the petition?
What is the purpose of the statement in all capital letters and bold type at the end of the petition?
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What is the maximum period for which an ex parte temporary injunction can be effective?
What is the maximum period for which an ex parte temporary injunction can be effective?
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What happens if the respondent appears at the hearing or has received reasonable notice of the hearing?
What happens if the respondent appears at the hearing or has received reasonable notice of the hearing?
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What must the court set at the earliest possible time after the filing of the petition?
What must the court set at the earliest possible time after the filing of the petition?
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What is required to be included in the petition for an injunction for protection against stalking?
What is required to be included in the petition for an injunction for protection against stalking?
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Within how many hours must the sheriff make information relating to the injunction available to other law enforcement agencies?
Within how many hours must the sheriff make information relating to the injunction available to other law enforcement agencies?
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What can the court grant if it appears that stalking exists?
What can the court grant if it appears that stalking exists?
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What is the purpose of the notice of hearing, temporary injunction, and petition?
What is the purpose of the notice of hearing, temporary injunction, and petition?
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What happens to the respondent if they are arrested by a law enforcement officer for a violation of s. 784.0487?
What happens to the respondent if they are arrested by a law enforcement officer for a violation of s. 784.0487?
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What can the court do if the respondent appears at the hearing or has received reasonable notice of the hearing?
What can the court do if the respondent appears at the hearing or has received reasonable notice of the hearing?
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Who may move the court to modify or dissolve an injunction at any time?
Who may move the court to modify or dissolve an injunction at any time?
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What happens to the affidavit if the petitioner alleges that a crime has been committed?
What happens to the affidavit if the petitioner alleges that a crime has been committed?
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What is the purpose of the policy adopted by the state attorney in each circuit under s. 741.2901(2)?
What is the purpose of the policy adopted by the state attorney in each circuit under s. 741.2901(2)?
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Within how many days must the local law enforcement agency complete its investigation and forward a report to the state attorney?
Within how many days must the local law enforcement agency complete its investigation and forward a report to the state attorney?
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What happens to the assessments or fines ordered by the court enforcing an injunction?
What happens to the assessments or fines ordered by the court enforcing an injunction?
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Who assists the petitioner in preparing an affidavit in support of reporting the violation?
Who assists the petitioner in preparing an affidavit in support of reporting the violation?
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What happens to the injunction when it is vacated, terminated, or otherwise rendered no longer effective by a ruling of the court?
What happens to the injunction when it is vacated, terminated, or otherwise rendered no longer effective by a ruling of the court?
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How does the court enforce a violation of an injunction for protection against stalking?
How does the court enforce a violation of an injunction for protection against stalking?
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What is a violation of section 784.0495 considered?
What is a violation of section 784.0495 considered?
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What is the punishment for culpable negligence that inflicts actual personal injury on another?
What is the punishment for culpable negligence that inflicts actual personal injury on another?
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What is the minimum age for a person to be considered a minor in the context of section 784.05?
What is the minimum age for a person to be considered a minor in the context of section 784.05?
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What is the purpose of subsection (3) of section 784.05?
What is the purpose of subsection (3) of section 784.05?
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What is a 'laser lighting device' as defined in section 784.062?
What is a 'laser lighting device' as defined in section 784.062?
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What is the consequence of a violation of section 784.05 by storing or leaving a loaded firearm within the reach of a minor?
What is the consequence of a violation of section 784.05 by storing or leaving a loaded firearm within the reach of a minor?
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What is the purpose of section 784.0495?
What is the purpose of section 784.0495?
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What is the exception to the rule that a person who violates section 784.05 by storing or leaving a loaded firearm within the reach of a minor is guilty of a felony of the third degree?
What is the exception to the rule that a person who violates section 784.05 by storing or leaving a loaded firearm within the reach of a minor is guilty of a felony of the third degree?
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What is the punishment for a person who commits a violation of section 784.05 by inflicting actual personal injury on another?
What is the punishment for a person who commits a violation of section 784.05 by inflicting actual personal injury on another?
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What is the condition for a violation of section 784.05 to be considered a felony of the third degree?
What is the condition for a violation of section 784.05 to be considered a felony of the third degree?
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Who is considered an emergency medical care provider under Florida law?
Who is considered an emergency medical care provider under Florida law?
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What is the punishment for a person who knowingly and willfully shines a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft?
What is the punishment for a person who knowingly and willfully shines a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft?
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What is the definition of a 'law enforcement explorer' under Florida law?
What is the definition of a 'law enforcement explorer' under Florida law?
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Who is included in the definition of 'law enforcement officer' under Florida law?
Who is included in the definition of 'law enforcement officer' under Florida law?
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What is the punishment for a person who knowingly and willfully shines a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft and causes bodily injury?
What is the punishment for a person who knowingly and willfully shines a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft and causes bodily injury?
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Who is considered a 'public transit employee or agent' under Florida law?
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What is the punishment for a person who knowingly and willfully shines a laser lighting device at a law enforcement officer?
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What is the definition of a 'firefighter' under Florida law?
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What is the punishment for a person who commits a battery on a law enforcement officer?
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Who is included in the definition of 'law enforcement officer' under s. 943.10?
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What is the reclassification of an assault upon a law enforcement officer, firefighter, or emergency medical care provider?
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What is the minimum term of imprisonment for a person convicted of aggravated battery upon a law enforcement officer?
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Who is included in the definition of a railroad special officer?
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What is the reclassification of a battery upon a law enforcement officer, firefighter, or emergency medical care provider?
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What is the minimum term of imprisonment for a person convicted of battery upon a law enforcement officer committed in furtherance of a riot or an aggravated riot?
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What is the ranking for a felony violation of aggravated battery committed in furtherance of a riot or an aggravated riot?
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What is the minimum term of imprisonment for a person convicted of aggravated assault upon a law enforcement officer?
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What is the reclassification of an aggravated assault upon a law enforcement officer, firefighter, or emergency medical care provider?
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What is the minimum term of imprisonment for a person convicted of aggravated battery of a law enforcement officer?
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What happens if a person is convicted of battery upon a law enforcement officer and, during the commission of the offense, possessed a semiautomatic firearm and its high-capacity detachable box magazine?
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What is included in the definition of an 'image' according to this section?
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Within how many working days must the state attorney determine whether to file criminal charges or prepare a motion for an order to show cause?
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What is the purpose of safeguarding the psychological well-being and privacy interests of persons depicted in sexually explicit images?
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What is the consequence of willfully violating an injunction for protection against stalking or cyberstalking?
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What is the consequence of willfully violating an injunction for protection against stalking or cyberstalking with two or more prior convictions?
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What is the consequence of publishing a sexually explicit image of a person without their consent?
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What is the punishment for a person who willfully and maliciously sexually cyberharasses another person?
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What is the term for a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered?
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What is the requirement for a law enforcement officer to arrest a person suspected of violating this section?
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What may be awarded to a person who suffers an injury or loss as a result of a violation of an injunction for protection against stalking or cyberstalking?
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What is the purpose of the civil action provided for in this section?
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What is the purpose of publishing a sexually explicit image of another person without their consent?
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What is a common practice that is becoming more prevalent according to the Legislature?
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What is excluded from the criminal and civil penalties of this section?
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What is the minimum amount of monetary damages that can be awarded to an aggrieved person?
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What is the result of a person willfully violating an injunction for protection against stalking or cyberstalking by committing an act of stalking?
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What is the result of a person willfully violating an injunction for protection against stalking or cyberstalking by refusing to surrender firearms or ammunition?
What is the result of a person willfully violating an injunction for protection against stalking or cyberstalking by refusing to surrender firearms or ammunition?
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What is the purpose of a search warrant issued under this section?
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What is the definition of 'sexually explicit image'?
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What is the court's responsibility regarding a petition for an injunction for protection against stalking or cyberstalking?
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What happens when a person who is being detained in a prison, jail, or other detention facility is charged with committing an assault or aggravated assault upon any visitor to the detention facility or upon any other detainee in the detention facility?
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What is the reclassification of an aggravated battery offense when committed by a person who is being detained in a prison, jail, or other detention facility?
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What is the reclassification of an aggravated assault offense when committed by a person who is being detained in a prison, jail, or other detention facility?
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What is the reclassification of a battery offense when committed by a person who is being detained in a prison, jail, or other detention facility?
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What happens when a person is charged with committing an assault or aggravated assault upon any visitor to the detention facility or upon any other detainee in the detention facility?
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What is the statutory section that deals with assault or battery by a person who is being detained in a prison, jail, or other detention facility?
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What is the purpose of the blue alert system?
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What is the punishment for a person who commits battery on a juvenile probation officer?
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What is the condition for activating the blue alert system?
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What happens when a traffic emergency arises requiring that information pertaining to the traffic emergency be displayed on a highway message sign?
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Who is included in the definition of a staff member of a facility?
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What is the minimum term of imprisonment for a person convicted of aggravated assault or aggravated battery upon a person 65 years of age or older?
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What is the term used to describe services provided by health services personnel?
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What is the reclassification of an aggravated battery offense when committed against a staff member of a sexually violent predators detention or commitment facility?
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What is the punishment for a juvenile who commits battery upon a person who provides health services?
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What is the reclassification of an aggravated assault offense when committed against a staff member of a sexually violent predators detention or commitment facility?
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What happens to the offense of aggravated assault when committed against a person 65 years of age or older?
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What is the reclassification of a battery offense when committed against a staff member of a sexually violent predators detention or commitment facility?
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What is the term for a person who serves as a referee, umpire, or linesman in a sports event?
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What is the term used to describe the act of throwing, tossing, or expelling certain fluids or materials?
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What is the facility type that includes state correctional institutions, private correctional facilities, and county, municipal, or regional jails?
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What happens to the offense of battery when committed against a sports official?
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Why is the blue alert system activated?
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What information is disseminated to the public through the blue alert system?
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What is the requirement for a person to be charged with aggravated assault or aggravated battery against a sports official?
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What is the term used to describe a person who is employed by or performing contractual services for a public or private entity operating a facility?
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What is the purpose of the blue alert system in relation to the missing law enforcement officer?
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What is the additional requirement for an assault or aggravated assault to be reclassified when committed against a sports official?
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What is the punishment for a person who commits battery of a facility employee by throwing, tossing, or expelling certain fluids or materials?
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What is the penalty for a person convicted of aggravated assault or aggravated battery upon a person 65 years of age or older?
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What is the term used to describe a person who provides health services, including alcohol treatment, drug abuse treatment, and mental health services?
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What is the consequence of a traffic emergency arising when the blue alert system is activated?
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What is the additional requirement for a person convicted of aggravated assault or aggravated battery upon a person 65 years of age or older?
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What is the purpose of the reclassification of offenses against certain officials or employees?
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What happens to the sentence or fine imposed on a person convicted of aggravated assault or aggravated battery upon a person 65 years of age or older?
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Who must certify an electronic copy of an injunction?
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What must be done to an electronic copy of an injunction before serving it on the respondent?
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Who may authorize a law enforcement agency to effect service of an injunction?
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What must a law enforcement officer do when accepting a copy of an injunction from a petitioner?
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How must an order issued, changed, continued, extended, or vacated be delivered to the parties?
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What must the clerk of the court do within 24 hours of issuing an injunction for protection against stalking?
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Under what circumstances may a subsequent petition for injunction seeking an extension of time be served on the respondent?
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Study Notes
Assault and Battery
- An "assault" is an intentional, unlawful threat by word or act to do violence to another person, with an apparent ability to do so, creating a well-founded fear of imminent violence.
- A person who assaults another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Aggravated Assault
- An "aggravated assault" is an assault with a deadly weapon without intent to kill, or with an intent to commit a felony.
- A person who commits aggravated assault commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Battery
- The offense of battery occurs when a person:
- Actually and intentionally touches or strikes another person against their will.
- Intentionally causes bodily harm to another person.
- A person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Felony Battery
- A person who commits felony battery if they:
- Actually and intentionally touch or strike another person against their will, and cause great bodily harm, permanent disability, or permanent disfigurement.
- A person who commits felony battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Action by Victim of Repeat Violence, Sexual Violence, or Dating Violence
- A person who is a victim of repeat violence, sexual violence, or dating violence has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence, sexual violence, or dating violence.
- The sworn petition must allege the incidents of repeat violence, sexual violence, or dating violence and include specific facts and circumstances that form the basis upon which relief is sought.
- The court may grant a temporary injunction ex parte, pending a full hearing, and may grant such relief as the court deems proper, including an injunction enjoining the respondent from committing any acts of violence.### Law Enforcement and Injunctions
- A law enforcement officer must accept a copy of an injunction for protection against repeat violence, sexual violence, or dating violence, certified by the clerk of the court, from the petitioner and immediately serve it upon a respondent who has been located but not yet served.
- The Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System is created within the Department of Law Enforcement to electronically transmit information to and between criminal justice agencies relating to domestic violence injunctions.
Electronic Transmission of Injunctions
- The clerk of the court must electronically transmit a copy of the injunction to the sheriff with jurisdiction over the residence of the petitioner within 24 hours after the court issues an injunction for protection.
- The law enforcement officer must electronically transmit the written proof of service of process to the sheriff with jurisdiction over the residence of the petitioner within 24 hours after service of process.
- The sheriff must make information relating to the injunction available to other law enforcement agencies by electronically transmitting such information to the department within 24 hours after receiving a certified copy of the injunction.
Notification of Service
- The Florida Association of Court Clerks and Comptrollers shall develop an automated process by which a petitioner may request notification of service of the injunction for protection.
- The automated notice must be made within 12 hours after the sheriff or other law enforcement officer serves the injunction upon the respondent.
- The notification must include, at a minimum, the date, time, and location where the injunction for protection was served.
Enforcement of Injunctions
- The court shall enforce, through a civil or criminal contempt proceeding, a violation of an injunction for protection.
- The court may enforce the respondent's compliance with the injunction by imposing a monetary assessment.
- A law enforcement officer who investigates an alleged incident of dating violence shall assist the victim to obtain medical treatment and advise the victim of the legal rights and remedies available.
Investigation and Arrest
- A law enforcement officer who determines upon probable cause that an act of dating violence has been committed within the jurisdiction may arrest the person or persons suspected of its commission.
- The officer shall evaluate each complaint separately to determine whether there is probable cause for arrest.
- The officer shall try to determine who was the primary aggressor and arrest is the preferred response only with respect to the primary aggressor.
Penalties for Violating Injunctions
- A person who willfully violates an injunction for protection against repeat violence, sexual violence, or dating violence commits a misdemeanor of the first degree.
- A person who has two or more prior convictions for violation of an injunction or foreign protection order and who subsequently commits a violation of any injunction or foreign protection order against the same victim commits a felony of the third degree.
Stalking
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A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking.
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A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking.
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A person who, after an injunction for protection against repeat violence, sexual violence, or dating violence, or an injunction for protection against domestic violence, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking.### Reimbursement for Petitions
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The Clerk of the Circuit Court can submit a certified request for reimbursement to the Office of the State Courts Administrator on a quarterly basis.
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The reimbursement is for petitions for protection against stalking issued by the court, at a rate of $40 per petition.
Fees and Payment
- The Clerk shall pay any law enforcement agency serving the injunction a fee requested by the agency, but not exceeding $20.
- The fee is paid from the reimbursement received from the Office of the State Courts Administrator.
Entry of Injunction
- A bond is not required by the court for the entry of an injunction.
Clerk's Assistance
- The Clerk of the Court shall assist petitioners in seeking both injunctions for protection against stalking and enforcement of a violation thereof.
- The Clerk shall provide simplified petition forms for the injunction and any modifications, including instructions for completion.
- The Clerk shall ensure the petitioner's privacy to the extent practicable while completing the forms for an injunction for protection against stalking.
Injunction for Protection Against Stalking
- A petitioner may request an injunction for protection against stalking by filing a sworn petition alleging stalking and including specific facts and circumstances.
- The petition must include the following:
- Petitioner's residence and contact information (may be confidential)
- Respondent's residence, place of employment, and physical description
- Description of previous attempts to obtain an injunction and results
- Specific incidents of stalking, including dates, locations, and details
- Request for relief, including restraining respondent from committing acts of stalking
Clerk of the Court Responsibilities
- Provide petitioner with at least two certified copies of the order of injunction
- Inform petitioner of the process for service and enforcement
- Receive training in assisting petitioners
Hearing and Temporary Injunction
- Court sets a hearing at the earliest possible time
- Respondent must be personally served with a copy of the petition, notice of hearing, and temporary injunction
- Court may grant a temporary injunction ex parte, pending a full hearing, and may grant relief deemed proper
- Temporary injunction is effective for a fixed period not to exceed 15 days
Final Judgment and Relief
- Upon notice and hearing, court may grant relief deemed proper, including:
- Restraining respondent from committing acts of stalking
- Ordering respondent to participate in treatment, intervention, or counseling
- Referring petitioner to appropriate services
- Ordering other relief necessary for protection
- Terms of the injunction remain in effect until modified or dissolved
- Either party may move to modify or dissolve the injunction at any time
Service and Enforcement
- Clerk of the court must electronically transmit a copy of the petition, notice of hearing, and temporary injunction to the sheriff or law enforcement agency
- Sheriff or law enforcement agency must serve the respondent as soon as possible
- Clerk of the court must notify the sheriff of any subsequent orders or modifications
Modification and Dissolution
- Petitioner or respondent may move the court to modify or dissolve the injunction at any time
- Court may grant relief deemed proper
Violation of Injunction
- Violation of an injunction for protection against stalking is punishable as a misdemeanor of the first degree
- If the respondent is arrested, they must be held in custody until brought before the court
- Petitioner may contact the clerk of the circuit court for assistance in preparing an affidavit in support of reporting the violation### Florida Statutes: Assault, Battery, and Cyberharassment
784.048 Violation of an injunction for protection against stalking or cyberstalking
- A person who suffers an injury or loss due to a violation of an injunction for protection against stalking or cyberstalking may be awarded economic damages, including costs and attorney fees.
- Damages are payable by the person who committed the violation.
784.049 Sexual Cyberharassment
- The legislature finds that a person depicted in a sexually explicit image taken with their consent may retain a reasonable expectation of privacy, despite sharing the image with another person.
- Sexual cyberharassment is defined as publishing a sexually explicit image of a person without their consent, with the intent of causing substantial emotional distress.
- A person who commits sexual cyberharassment commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
- A person who has a prior conviction for sexual cyberharassment and commits a second or subsequent violation commits a felony of the third degree.
784.05 Culpable Negligence
- Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree.
- Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree.
- A person who violates this section by storing or leaving a loaded firearm within the reach of a minor and the minor obtains the firearm and uses it to inflict injury or death commits a felony of the third degree.
784.062 Misuse of Laser Lighting Devices
- Any person who knowingly and willfully shines a laser lighting device at a law enforcement officer, engaged in the performance of their duties, commits a noncriminal violation.
- Any person who knowingly and willfully shines a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft commits a felony of the third degree.
784.07 Assault or Battery of Law Enforcement Officers
- A person who knowingly commits an assault or battery upon a law enforcement officer, firefighter, emergency medical care provider, or other specified officers while they are engaged in the lawful performance of their duties is guilty of a reclassified offense.
- The offense for which the person is charged is reclassified as follows:
- Assault: from a misdemeanor of the second degree to a misdemeanor of the first degree.
- Battery: from a misdemeanor of the first degree to a felony of the third degree.
- Aggravated assault: from a felony of the third degree to a felony of the second degree.
- Aggravated battery: from a felony of the second degree to a felony of the first degree.
784.071 Assault or Battery on a Law Enforcement Officer; Blue Alert
- The Department of Law Enforcement, in cooperation with other agencies, shall activate the emergency alert system and issue a blue alert if:
- A law enforcement officer has been killed, seriously injured, or assaulted with a deadly weapon.
- A law enforcement officer is missing while in the line of duty under circumstances evidencing concern for the officer's safety.
- The suspect has fled the scene of the offense.
- The law enforcement agency investigating the offense determines that the suspect poses an imminent threat to the public or to other law enforcement officers.### Blue Alert
- A blue alert shall be disseminated to the public through the emergency alert system by broadcasting the alert on television, radio, and dynamic message signs along state highways.
- If a traffic emergency arises, the agency responsible for displaying information on the highway message sign is not in violation of this section.
Assault or Battery on Sexually Violent Predators Detention or Commitment Facility Staff
- A person who commits an assault or battery on a staff member of a sexually violent predators detention or commitment facility while the staff member is engaged in their lawful duties can be charged with reclassified offenses.
- Reclassification of offenses:
- Aggravated battery: from a felony of the second degree to a felony of the first degree.
- Aggravated assault: from a felony of the third degree to a felony of the second degree.
- Battery: from a misdemeanor of the first degree to a felony of the third degree.
- Assault: from a misdemeanor of the second degree to a misdemeanor of the first degree.
Battery on Detention or Commitment Facility Staff or a Juvenile Probation Officer
- A person who commits a battery on a juvenile probation officer or staff member of a detention center or facility commits a felony of the third degree.
- A staff member of the facilities listed includes persons employed by the Department of Juvenile Justice, persons employed at facilities licensed by the Department of Juvenile Justice, and persons employed at facilities operated under a contract with the Department of Juvenile Justice.
Battery on Health Services Personnel
- A juvenile who has been committed to or detained by the Department of Juvenile Justice and commits battery upon a person who provides health services commits a felony of the third degree.
- Health services include preventive, diagnostic, curative, or rehabilitative services, and also alcohol treatment, drug abuse treatment, and mental health services.
Battery of Facility Employee by Throwing, Tossing, or Expelling Certain Fluids or Materials
- A person who commits battery on a facility employee by throwing, tossing, or expelling certain fluids or materials, such as blood, masticated food, regurgitated food, saliva, seminal fluid, or urine or feces, commits a felony of the third degree.
- A facility employee includes any person employed by or performing contractual services for a public or private entity operating a facility.
Assault or Battery on Persons 65 Years of Age or Older
- A person who is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older shall be sentenced to a minimum term of imprisonment of 3 years and fined not more than $10,000.
- The offense for which the person is charged shall be reclassified as follows:
- Aggravated battery: from a felony of the second degree to a felony of the first degree.
- Aggravated assault: from a felony of the third degree to a felony of the second degree.
- Battery: from a misdemeanor of the first degree to a felony of the third degree.
- Assault: from a misdemeanor of the second degree to a misdemeanor of the first degree.
Assault or Battery on Specified Officials or Employees
- A person who commits an assault or battery on an elected official or employee of a school district, private school, the Florida School for the Deaf and the Blind, a university lab school, a state university, or any other entity of the state system of public education, a sports official, or an employee of the Department of Children and Families, the Department of Health, or its direct service contract providers, can be charged with reclassified offenses.
- Reclassification of offenses:
- Aggravated battery: from a felony of the second degree to a felony of the first degree.
- Aggravated assault: from a felony of the third degree to a felony of the second degree.
- Battery: from a misdemeanor of the first degree to a felony of the third degree.
- Assault: from a misdemeanor of the second degree to a misdemeanor of the first degree.
Assault or Battery by a Person Who is Being Detained in a Prison, Jail, or Other Detention Facility
- A person who is being detained in a prison, jail, or other detention facility and commits an assault or battery on a visitor or another detainee can be charged with reclassified offenses.
- Reclassification of offenses:
- Aggravated battery: from a felony of the second degree to a felony of the first degree.
- Aggravated assault: from a felony of the third degree to a felony of the second degree.
- Battery: from a misdemeanor of the first degree to a felony of the third degree.
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Description
This quiz covers the definition and punishment of assault, including the elements of intentional and unlawful threats and the creation of well-founded fear. Learn about the degrees of misdemeanor and the relevant statutes.