Florida Assault Law
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Questions and Answers

What is the primary distinction between an assault and an aggravated assault?

  • The act of causing bodily harm to another person
  • The presence of a deadly weapon (correct)
  • The act of physically touching another person
  • The intent to commit a felony (correct)

    • What is the penalty for a person who commits aggravated assault?

  • Felony of the third degree (correct)
  • Misdemeanor of the first degree
  • Misdemeanor of the second degree
  • Felony of the second degree

    • What is the primary element of an assault?

  • An intentional and unlawful threat to do violence (correct)
  • The act of physically touching another person
  • The act of causing bodily harm to another person
  • The presence of a deadly weapon

    • What is the penalty for a person who commits a battery?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What is the primary distinction between an assault and a battery?

    <p>The act of physically touching another person</p> Signup and view all the answers

    What is the penalty for a person who commits an assault in furtherance of a riot or an aggravated riot?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What is the penalty for a person who commits an aggravated assault in furtherance of a riot or an aggravated riot?

    <p>Ranked one level above the ranking under s. 921.0022 for the offense committed</p> Signup and view all the answers

    What is the primary element of a battery?

    <p>The act of physically touching or striking another person</p> Signup and view all the answers

    What is the degree of felony for a person who commits a battery in furtherance of a riot or an aggravated riot?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the minimum requirement for a prior conviction to be considered for felony battery?

    <p>Determination of guilt resulting from a plea or a trial</p> Signup and view all the answers

    What is the definition of 'family or household member' in the context of domestic battery by strangulation?

    <p>A person who has the same meaning as in s. 741.28</p> Signup and view all the answers

    What is the degree of felony for a person who commits aggravated battery?

    <p>Felony of the second degree</p> Signup and view all the answers

    What is the minimum requirement for a person to commit domestic battery by strangulation?

    <p>Intentionally impeding the normal breathing or circulation of the blood of a family or household member</p> Signup and view all the answers

    What is the definition of 'repeat violence' in the context of protective injunctions?

    <p>Two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months</p> Signup and view all the answers

    What is the consequence of committing felony battery or domestic battery by strangulation?

    <p>Punishable as a felony of the third degree</p> Signup and view all the answers

    What is the definition of 'dating relationship' in the context of domestic battery by strangulation?

    <p>A continuing and significant relationship of a romantic or intimate nature</p> Signup and view all the answers

    What is the consequence of committing aggravated battery if the victim was pregnant at the time of the offense?

    <p>Punishable as a felony of the second degree</p> Signup and view all the answers

    What is the requirement for a person to commit aggravated battery?

    <p>Intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement</p> Signup and view all the answers

    What is the definition of sexual violence according to the chapter?

    <p>Any one incident of sexual battery, lewd or lascivious acts, luring or enticing a child, or sexual performance by a child</p> Signup and view all the answers

    What is the time frame for considering a dating relationship as a significant factor for determining dating violence?

    <p>Within the past 6 months</p> Signup and view all the answers

    Who has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence?

    <p>The victim of repeat violence or the parent or legal guardian of a minor child</p> Signup and view all the answers

    Who is responsible for providing a copy of this section, simplified forms, and clerical assistance for the preparation and filing of a petition?

    <p>The clerk of the court</p> Signup and view all the answers

    What is the maximum amount that the clerk of the court may pay to the law enforcement agency for serving an injunction?

    <p>$20</p> Signup and view all the answers

    What is the requirement for a person who is the victim of sexual violence to file a sworn petition for an injunction for protection against sexual violence?

    <p>The person must have reported the sexual violence to a law enforcement agency</p> Signup and view all the answers

    What is the condition for a person who is the victim of sexual violence to file a sworn petition for an injunction for protection against sexual violence if the respondent was sentenced to a term of imprisonment?

    <p>The respondent's term of imprisonment must have expired or is due to expire within 90 days</p> Signup and view all the answers

    What is required by the court for the entry of an injunction?

    <p>No bond or fee is required</p> Signup and view all the answers

    What must the sworn petition for an injunction for protection against repeat violence, sexual violence, or dating violence include?

    <p>The specific facts and circumstances that form the basis upon which relief is sought</p> Signup and view all the answers

    What is the requirement for a person who is the victim of dating violence to file a sworn petition for an injunction for protection against dating violence?

    <p>The person must have reasonable cause to believe he or she is in imminent danger</p> Signup and view all the answers

    What is not a requirement for a cause of action for an injunction for protection against repeat violence, dating violence, or sexual violence?

    <p>The person must have a lawyer to file the petition</p> Signup and view all the answers

    What must the parent or legal guardian seeking a protective injunction on behalf of a minor child have if the party against whom the protective injunction is sought is also a parent, stepparent, or legal guardian of the minor child?

    <p>Been an eyewitness to, or have direct physical evidence or affidavits from eyewitnesses</p> Signup and view all the answers

    What is the maximum amount that the clerk of the court may request for reimbursement from the Office of the State Courts Administrator for each petition for protection issued by the court?

    <p>$40</p> Signup and view all the answers

    What is true about a cause of action for an injunction for protection against repeat violence, dating violence, or sexual violence?

    <p>A cause of action for an injunction does not require that the petitioner be represented by an attorney</p> Signup and view all the answers

    What is the consequence of a person who is the victim of sexual violence reporting the incident to a law enforcement agency?

    <p>The person is eligible to file a petition for an injunction for protection against sexual violence</p> Signup and view all the answers

    What is the purpose of the sworn petition for an injunction for protection against repeat violence, sexual violence, or dating violence?

    <p>To request a protective injunction</p> Signup and view all the answers

    Who receives a certified copy of any injunction for protection against repeat violence, sexual violence, or dating violence entered by the court?

    <p>The petitioner</p> Signup and view all the answers

    What is not included in the definition of dating violence?

    <p>Violence between individuals who have a casual acquaintanceship</p> Signup and view all the answers

    Who can serve an injunction issued under this section?

    <p>A law enforcement officer</p> Signup and view all the answers

    What must the clerk of the court electronically transmit to the sheriff within 24 hours after issuing an injunction?

    <p>All of the above</p> Signup and view all the answers

    What is the purpose of the Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System?

    <p>To electronically transmit information to and between criminal justice agencies</p> Signup and view all the answers

    What is the primary purpose of a petition under this section?

    <p>To obtain a temporary injunction against the respondent</p> Signup and view all the answers

    What is required to be personally served to the respondent prior to the hearing?

    <p>A copy of the petition, notice of hearing, and temporary injunction</p> Signup and view all the answers

    Who may authorize a law enforcement agency to effect service and receive a portion of the service fee?

    <p>The chief judge of each circuit</p> Signup and view all the answers

    What must the clerk of the court furnish to the sheriff?

    <p>Information on the respondent's physical description and location</p> Signup and view all the answers

    Under what circumstances may the court grant a temporary injunction ex parte?

    <p>When it appears to the court that an immediate and present danger of violence exists</p> Signup and view all the answers

    When can a law enforcement officer serve an injunction?

    <p>At any time of the day or night</p> Signup and view all the answers

    What is the maximum duration of an ex parte temporary injunction?

    <p>15 days</p> Signup and view all the answers

    What is the purpose of a full hearing under this section?

    <p>To grant such relief as the court deems necessary for the protection of the petitioner</p> Signup and view all the answers

    What must a law enforcement officer do when receiving an electronic copy of an injunction?

    <p>Verify receipt with the sender</p> Signup and view all the answers

    Who can accompany the petitioner and assist in the execution or service of the injunction?

    <p>A law enforcement officer</p> Signup and view all the answers

    What must a temporary or final judgment on injunction for protection against repeat violence indicate?

    <p>That the injunction is valid and enforceable in all counties of the State of Florida</p> Signup and view all the answers

    What may the court grant in addition to other civil or criminal remedies?

    <p>Such relief as the court deems necessary for the protection of the petitioner</p> Signup and view all the answers

    What does the clerk of the court electronically transmit to the sheriff with jurisdiction over the residence of the petitioner?

    <p>A copy of the injunction</p> Signup and view all the answers

    Who is responsible for furnishing information to the sheriff on the respondent's physical description and location?

    <p>The clerk of the court</p> Signup and view all the answers

    What may the petitioner seek in the petition?

    <p>An immediate injunction against the respondent</p> Signup and view all the answers

    What may the court order in addition to an injunction enjoining the respondent from committing any further acts of violence?

    <p>Injunctions or directives to law enforcement agencies</p> Signup and view all the answers

    When may the petition be filed?

    <p>At any time, as long as the petitioner has reasonable cause to believe they are in imminent danger</p> Signup and view all the answers

    Who must electronically transmit written proof of service of process of an injunction to the sheriff within 24 hours?

    <p>The law enforcement officer</p> Signup and view all the answers

    What is the time frame for the sheriff to make information relating to the injunction available to other law enforcement agencies?

    <p>24 hours</p> Signup and view all the answers

    What is the purpose of the automated process developed by the Florida Association of Court Clerks and Comptrollers?

    <p>To request notification of service of the injunction for the petitioner</p> Signup and view all the answers

    What happens when an injunction for protection against repeat violence, sexual violence, or dating violence is lifted, terminated, or otherwise rendered no longer effective?

    <p>The clerk of the court is notified</p> Signup and view all the answers

    What is the purpose of the court enforcing an injunction for protection through a civil or criminal contempt proceeding?

    <p>To protect the petitioner</p> Signup and view all the answers

    What happens to the respondent who is arrested by a law enforcement officer for committing an act of repeat violence, sexual violence, or dating violence in violation of an injunction for protection?

    <p>The respondent is held in custody until brought before the court</p> Signup and view all the answers

    Who may move the court to modify or dissolve an injunction at any time?

    <p>Either the petitioner or the respondent</p> Signup and view all the answers

    What is the role of a law enforcement officer who investigates an alleged incident of dating violence?

    <p>To assist the victim in obtaining medical treatment</p> Signup and view all the answers

    What is the purpose of the law enforcement officer giving the victim immediate notice of their legal rights and remedies?

    <p>To inform the victim of the legal rights and remedies available</p> Signup and view all the answers

    What is the result of the clerk collecting and receiving monetary assessments imposed by the court?

    <p>The moneys are transferred to the State Treasury for deposit in the Crimes Compensation Trust Fund</p> Signup and view all the answers

    What should the Department of Law Enforcement include in the Legal Rights and Remedies Notice to Victims?

    <p>A general summary of this section, using simple English and Spanish</p> Signup and view all the answers

    What should a law enforcement officer do when investigating an allegation of dating violence?

    <p>Handle the incident according to the arrest policy provided in s. 901.15(7)</p> Signup and view all the answers

    What must a law enforcement officer include in the written police report?

    <p>All of the above</p> Signup and view all the answers

    What should a law enforcement agency do with the initial police report?

    <p>Send a copy to the nearest locally certified domestic violence center within 24 hours</p> Signup and view all the answers

    What should a law enforcement officer do when receiving complaints from two or more parties?

    <p>Evaluate each complaint separately to determine whether there is probable cause for arrest</p> Signup and view all the answers

    What is the officer's responsibility when determining who was the primary aggressor?

    <p>To try to determine who was the primary aggressor</p> Signup and view all the answers

    What is the purpose of the Legal Rights and Remedies Notice to Victims?

    <p>To provide a general summary of this section, using simple English and Spanish</p> Signup and view all the answers

    What must a law enforcement officer obtain from the victim and witnesses?

    <p>A written statement concerning the alleged dating violence</p> Signup and view all the answers

    What should a law enforcement officer do when there is probable cause to believe that an act of dating violence has been committed?

    <p>Arrest the person or persons suspected of its commission</p> Signup and view all the answers

    What is the purpose of the written police report?

    <p>To compile data on dating violence cases</p> Signup and view all the answers

    Who is immune from all liability, civil or criminal, in the context of dating violence?

    <p>Law enforcement officer</p> Signup and view all the answers

    What is the punishment for a person who willfully violates an injunction for protection against repeat violence, sexual violence, or dating violence?

    <p>Misdemeanor of the first degree</p> Signup and view all the answers

    What constitutes a 'course of conduct' in the context of stalking?

    <p>A pattern of conduct composed of a series of acts over a period of time</p> Signup and view all the answers

    What is the penalty for a person who has two or more prior convictions for violation of an injunction or foreign protection order?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is 'harass' as defined in the context of stalking?

    <p>To engage in a course of conduct directed at a specific person to cause emotional distress</p> Signup and view all the answers

    What is the required mental state for a person to commit stalking?

    <p>Knowledge that the actions would cause substantial emotional distress</p> Signup and view all the answers

    What is the consequence of committing a second or subsequent violation of an injunction or foreign protection order?

    <p>Felony of the third degree</p> Signup and view all the answers

    What is the required element for a credible threat in the context of stalking?

    <p>Apparent ability to carry out the threat</p> Signup and view all the answers

    What is meant by the term 'cyberstalk' in the context of stalking?

    <p>To communicate words, images, or language through electronic means, causing substantial emotional distress.</p> Signup and view all the answers

    What is the definition of 'family or household member' in the context of dating violence?

    <p>Spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family, or persons who have resided together in the past as if a family</p> Signup and view all the answers

    What is the maximum duration of an ex parte temporary injunction?

    <p>15 days</p> Signup and view all the answers

    What is the penalty for a person who commits aggravated stalking?

    <p>A felony of the third degree.</p> Signup and view all the answers

    What is required for a person to be arrested without a warrant for violating this section?

    <p>Probable cause to believe the person has violated this section.</p> Signup and view all the answers

    What is the preferred response to a person who acts in a reasonable manner to protect or defend himself or herself or another family or household member from dating violence?

    <p>No arrest</p> Signup and view all the answers

    What happens if the only ground for denial of a petition for an ex parte injunction is no appearance of an immediate and present danger of stalking?

    <p>The court sets a full hearing on the petition for injunction with notice at the earliest possible time</p> Signup and view all the answers

    What is the purpose of the sentencing court considering issuing an order restraining the defendant from any contact with the victim?

    <p>To ensure the safety of the victim and his or her family members.</p> Signup and view all the answers

    What is the purpose of a full hearing under this section?

    <p>To provide an opportunity for the petitioner and respondent to be heard</p> Signup and view all the answers

    What is the term for the offense of stalking, including the offense of cyberstalking, in the context of injunctions for protection against stalking?

    <p>Stalking.</p> Signup and view all the answers

    What may the court grant in addition to other civil or criminal remedies?

    <p>Such relief as the court deems proper</p> Signup and view all the answers

    What is the consequence of a person who commits aggravated stalking after an injunction for protection against repeat violence, sexual violence, or dating violence?

    <p>A felony of the third degree.</p> Signup and view all the answers

    What is the consequence of a temporary or final judgment on an injunction for protection against stalking?

    <p>The injunction is valid and enforceable in all counties of this state</p> Signup and view all the answers

    What must the court provide to the petitioner?

    <p>A list of certified domestic violence centers, certified rape crisis centers, and other appropriate referrals</p> Signup and view all the answers

    What is the requirement for a person to be considered to have committed aggravated stalking?

    <p>The person must have willfully, maliciously, and repeatedly followed, harassed, or cyberstalked the victim.</p> Signup and view all the answers

    What is the purpose of the recording of all proceedings under this subsection?

    <p>To provide a record of the proceedings</p> Signup and view all the answers

    What is the penalty for a person who commits stalking, including cyberstalking?

    <p>A misdemeanor of the first degree.</p> Signup and view all the answers

    What is the purpose of the court in considering the length of the order restraining the defendant from any contact with the victim?

    <p>To ensure the safety of the victim and his or her family members.</p> Signup and view all the answers

    What may the court grant to the petitioner in addition to the injunction?

    <p>A list of certified domestic violence centers, certified rape crisis centers, and other appropriate referrals</p> Signup and view all the answers

    What is the requirement for a person to be arrested without a warrant for committing aggravated stalking?

    <p>Probable cause to believe the person has violated this section.</p> Signup and view all the answers

    What happens if the respondent is already subject to an injunction?

    <p>The court modifies the existing injunction</p> Signup and view all the answers

    What is the requirement for the court to grant a continuance of the hearing?

    <p>Good cause shown by any party</p> Signup and view all the answers

    Who has standing in the circuit court to file a sworn petition for an injunction for protection against stalking on behalf of a minor child?

    <p>The parent or legal guardian of the minor child</p> Signup and view all the answers

    Can a petition for an injunction for protection against stalking be filed in any circuit, regardless of residency?

    <p>Yes, it can be filed in any circuit regardless of residency</p> Signup and view all the answers

    Is a bond required by the court for the entry of an injunction for protection against stalking?

    <p>No, a bond is not required by the court</p> Signup and view all the answers

    What is the maximum amount the clerk of the court may pay to the law enforcement agency for serving an injunction?

    <p>$20</p> Signup and view all the answers

    What must the clerk of the court provide to the petitioner?

    <p>At least two certified copies of the order of injunction</p> Signup and view all the answers

    What must the sworn petition for an injunction for protection against stalking include?

    <p>The specific facts and circumstances for which relief is sought</p> Signup and view all the answers

    Who can be present with the petitioner or respondent during court proceedings or hearings related to the injunction for protection?

    <p>All of the above</p> Signup and view all the answers

    What is the maximum amount the clerk of the court may request for reimbursement from the Office of the State Courts Administrator for each petition for protection issued by the court?

    <p>$40</p> Signup and view all the answers

    How must the clerk of the court transmit a copy of the petition, notice of hearing, and temporary injunction to the sheriff or law enforcement agency?

    <p>Electronically</p> Signup and view all the answers

    Can a petition for an injunction for protection against stalking be filed regardless of any other cause of action pending between the parties?

    <p>Yes, it can be filed regardless of any other cause of action pending between the parties</p> Signup and view all the answers

    What must a law enforcement officer do when receiving an electronic copy of an injunction?

    <p>Verify receipt with the sender before attempting to serve it</p> Signup and view all the answers

    What assistance is the clerk of the court required to provide to petitioners?

    <p>Providing simplified petition forms and clerical assistance</p> Signup and view all the answers

    What is not required for a cause of action for an injunction for protection against stalking?

    <p>None of the above</p> Signup and view all the answers

    Who can serve an injunction issued under this section?

    <p>A law enforcement agency authorized by the chief judge</p> Signup and view all the answers

    What is the primary purpose of a petition under this section?

    <p>To seek an injunction for protection against stalking</p> Signup and view all the answers

    What information must the clerk of the court furnish to the sheriff?

    <p>The respondent's physical description and location</p> Signup and view all the answers

    Who can accompany the petitioner and assist in the execution or service of the injunction?

    <p>A law enforcement officer</p> Signup and view all the answers

    What must be included in the sworn petition for an injunction for protection against stalking?

    <p>A description of the incidents of stalking, including when and where they occurred</p> Signup and view all the answers

    When can a law enforcement officer serve an injunction?

    <p>Any day of the week and at any time of the day or night</p> Signup and view all the answers

    What is required to be personally served to the respondent prior to the hearing?

    <p>A copy of the petition and notice of hearing</p> Signup and view all the answers

    What must be certified by the clerk of the court?

    <p>The electronic copy of the injunction</p> Signup and view all the answers

    What is the purpose of a full hearing under this section?

    <p>To determine whether an injunction should be granted</p> Signup and view all the answers

    Who can authorize a law enforcement agency to effect service and receive a portion of the service fee?

    <p>The clerk of the court</p> Signup and view all the answers

    What must the clerk of the court furnish to the sheriff?

    <p>A certified copy of any injunction for protection</p> Signup and view all the answers

    What is the consequence of a person committing stalking?

    <p>The person may be subject to an injunction for protection</p> Signup and view all the answers

    What must the petitioner describe in the petition?

    <p>Any other cause of action currently pending between the petitioner and respondent</p> Signup and view all the answers

    What is required to appear directly above the signature line of the petition?

    <p>A statement in all capital letters and bold type, as follows: I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT</p> Signup and view all the answers

    Study Notes

    Assault and Battery Laws

    • Assault: An intentional, unlawful threat by word or act to do violence to another person, with an apparent ability to do so, and doing some act that creates a well-founded fear in the other person that violence is imminent.
    • Misdemeanor of the second degree: Punishable as provided in s. 775.082 or s. 775.083, with an exception for assaults committed in furtherance of a riot or an aggravated riot.

    Aggravated Assault

    • Aggravated assault: An assault with a deadly weapon without intent to kill, or with an intent to commit a felony.
    • Felony of the third degree: Punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    Battery and Felony Battery

    • Battery: Actually and intentionally touching or striking another person against their will, or intentionally causing bodily harm to another person.
    • Misdemeanor of the first degree: Punishable as provided in s. 775.082 or s. 775.083, with exceptions for prior convictions, and for batteries committed in furtherance of a riot or an aggravated riot.
    • Felony battery: Causing great bodily harm, permanent disability, or permanent disfigurement, punishable as a felony of the third degree.

    Aggravated Battery

    • Aggravated battery: Intentionally causing great bodily harm, permanent disability, or permanent disfigurement, or using a deadly weapon.
    • Felony of the second degree: Punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    Repeat Violence, Sexual Violence, and Dating Violence

    • Repeat violence: Two incidents of violence or stalking, one of which must have been within 6 months of filing a petition for an injunction.
    • Sexual violence: Any incident of sexual battery, lewd or lascivious act, luring or enticing a child, sexual performance by a child, or any other forcible felony.
    • Dating violence: Violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.
    • Injunction for protection: A cause of action for an injunction may be sought whether or not any other petition, complaint, or cause of action is currently available or pending between the parties.

    Petition for Injunction

    • Sworn petition: Must allege incidents of repeat violence, sexual violence, or dating violence, and include specific facts and circumstances that form the basis upon which relief is sought.
    • Certified copy: Must be provided to the petitioner, and the clerk of the court may not assess a fee for filing a petition for protection against repeat violence, sexual violence, or dating violence.

    Hearings and Temporary Injunctions

    • Hearing: The court shall set a hearing to be held at the earliest possible time, with the respondent to be personally served with a copy of the petition, notice of hearing, and temporary injunction, if any.
    • Temporary injunction: May be granted ex parte, pending a full hearing, and may grant relief as the court deems proper, including an injunction enjoining the respondent from committing any further acts of violence.### Injunctions for Protection Against Repeat Violence, Sexual Violence, or Dating Violence
    • Within 24 hours, the clerk of the court must electronically transmit a copy of the injunction to the sheriff with jurisdiction over the petitioner's residence.
    • Within 24 hours, the law enforcement officer must electronically transmit the written proof of service of process to the sheriff with jurisdiction over the petitioner's residence.
    • Within 24 hours, the sheriff must make information relating to the injunction available to other law enforcement agencies by electronically transmitting such information to the department.

    Notification of Service of Injunction

    • Subject to available funding, 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.
    • 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 the date, time, and location where the injunction was served.

    Enforcement of Injunction

    • 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.
    • The clerk of the court shall collect and receive such assessments.

    Modification or Dissolution of Injunction

    • The petitioner or the respondent may move the court to modify or dissolve an injunction at any time.

    Law Enforcement Officer's Responsibilities

    • When investigating an alleged incident of dating violence, the law enforcement officer shall assist the victim in obtaining medical treatment if required.
    • The law enforcement officer shall advise the victim of the legal rights and remedies available.
    • The law enforcement officer shall provide the victim with a standard form that includes a summary of the legal rights and remedies.

    Arrest Policy

    • When investigating an allegation of dating violence, the law enforcement officer shall evaluate each complaint separately to determine whether there is probable cause for arrest.
    • If the officer has probable cause to believe that two or more persons have committed a misdemeanor or felony, the officer shall try to determine who was the primary aggressor.

    Penalties for Violating Protective Injunction

    • 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 and subsequently commits a violation of any injunction against the same victim commits a felony of the third degree.

    Stalking

    • Stalking is a misdemeanor of the first degree.
    • Aggravated stalking, which includes making a credible threat, is a felony of the third degree.
    • A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking.
    • A person who cyberstalks a child under 16 years of age commits a felony of the third degree.

    Injunction for Protection Against Stalking

    • A person who is the victim of stalking or the parent or legal guardian of a minor child who is living at home may file a sworn petition for an injunction for protection against stalking.
    • The court may issue a temporary injunction and a final injunction for protection against stalking.
    • The court may restrain the defendant from any contact with the victim for up to 10 years.
    • A person who violates an injunction for protection against stalking commits a felony of the third degree.### Petition for Injunction for Protection Against Stalking
    • A sworn petition for an injunction for protection against stalking must be in a specific form, which includes:
      • Petitioner's name and address (may be confidential)
      • Respondent's name, address, and last known place of employment
      • Physical description of respondent, including race, sex, date of birth, height, weight, eye color, hair color, and distinguishing marks or scars
      • Aliases of respondent
    • The petition must describe any other cause of action currently pending between the petitioner and respondent, and any previous attempts to obtain an injunction for protection against stalking

    Allegations of Stalking

    • The petition must specifically allege that the petitioner is a victim of stalking because the respondent has:
      • Committed stalking
      • Previously threatened, harassed, stalked, cyberstalked, or physically abused the petitioner
      • Threatened to harm the petitioner or family members
      • Intentionally injured or killed a family pet
      • Used, or threatened to use, weapons against the petitioner
      • A criminal history involving violence or threat of violence
      • Another order of protection issued against them previously or from another jurisdiction

    Request for Injunction

    • The petition must request an injunction:
      • Immediately restraining the respondent from committing any acts of stalking
      • Providing any terms necessary for the protection of the petitioner, including injunctions or directives to law enforcement agencies

    Penalties for False Statements

    • The petition must include a statement in all capital letters and bold type, indicating that the petitioner has read and understands the statements made in the petition, and that they are true and correct under penalty of perjury

    Hearing and Temporary Injunction

    • The court shall set a hearing at the earliest possible time, and the respondent shall be personally served with a copy of the petition, notice of hearing, and temporary injunction, if any
    • The court may grant a temporary injunction ex parte, pending a full hearing, if it appears that stalking exists
    • A temporary injunction is effective for a fixed period not to exceed 15 days, and a full hearing shall be set for a date no later than the date when the temporary injunction ceases to be effective

    Relief Available

    • Upon notice and hearing, the court may grant relief, including:
      • An injunction restraining the respondent from committing any acts of stalking
      • Ordering the respondent to participate in treatment, intervention, or counseling services
      • Referring the petitioner to appropriate services
      • Ordering other relief necessary for the protection of the petitioner, including injunctions or directives to law enforcement agencies

    Terms of Injunction

    • The terms of an injunction shall remain in effect until modified or dissolved, and either party may move at any time to modify or dissolve the injunction
    • A temporary or final judgment on injunction for protection against stalking shall indicate:
      • That the injunction is valid and enforceable in all counties of the state
      • That law enforcement officers may use their arrest powers to enforce the terms of the injunction
      • That the court has jurisdiction over the parties and matter
      • The date that the respondent was served with the temporary or final order, if obtainable

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    This quiz covers the Florida statute on assault, including the definition and punishment of the crime.

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