Podcast
Questions and Answers
What is the primary distinction between an assault and an aggravated assault?
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?
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?
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?
What is the penalty for a person who commits a battery?
What is the primary distinction between an assault and a battery?
What is the primary distinction between an assault and a battery?
What is the penalty for a person who commits an assault in furtherance of a riot or an aggravated riot?
What is the penalty for a person who commits an assault in furtherance of a riot or an aggravated riot?
What is the penalty for a person who commits an aggravated assault in furtherance of a riot or an aggravated riot?
What is the penalty for a person who commits an aggravated assault in furtherance of a riot or an aggravated riot?
What is the primary element of a battery?
What is the primary element of a battery?
What is the degree of felony for a person who commits a battery in furtherance of a riot or an aggravated riot?
What is the degree of felony for a person who commits a battery in furtherance of a riot or an aggravated riot?
What is the minimum requirement for a prior conviction to be considered for felony battery?
What is the minimum requirement for a prior conviction to be considered for felony battery?
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?
What is the degree of felony for a person who commits aggravated battery?
What is the degree of felony for a person who commits aggravated battery?
What is the minimum requirement for a person to commit domestic battery by strangulation?
What is the minimum requirement for a person to commit domestic battery by strangulation?
What is the definition of 'repeat violence' in the context of protective injunctions?
What is the definition of 'repeat violence' in the context of protective injunctions?
What is the consequence of committing felony battery or domestic battery by strangulation?
What is the consequence of committing felony battery or domestic battery by strangulation?
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?
What is the consequence of committing aggravated battery if the victim was pregnant at the time of the offense?
What is the consequence of committing aggravated battery if the victim was pregnant at the time of the offense?
What is the requirement for a person to commit aggravated battery?
What is the requirement for a person to commit aggravated battery?
What is the definition of sexual violence according to the chapter?
What is the definition of sexual violence according to the chapter?
What is the time frame for considering a dating relationship as a significant factor for determining dating violence?
What is the time frame for considering a dating relationship as a significant factor for determining dating violence?
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?
Who is responsible for providing a copy of this section, simplified forms, and clerical assistance for the preparation and filing of a petition?
Who is responsible for providing a copy of this section, simplified forms, and clerical assistance for the preparation and filing of a petition?
What is the maximum amount that the clerk of the court may pay to the law enforcement agency for serving an injunction?
What is the maximum amount that the clerk of the court may pay to the law enforcement agency for serving an injunction?
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?
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?
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?
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?
What is required by the court for the entry of an injunction?
What is required by the court for the entry of an injunction?
What must the sworn petition for an injunction for protection against repeat violence, sexual violence, or dating violence include?
What must the sworn petition for an injunction for protection against repeat violence, sexual violence, or dating violence include?
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?
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?
What is not a requirement for a cause of action for an injunction for protection against repeat violence, dating violence, or sexual violence?
What is not a requirement for a cause of action for an injunction for protection against repeat violence, dating violence, or sexual violence?
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?
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?
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?
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?
What is true about a cause of action for an injunction for protection against repeat violence, dating violence, or sexual violence?
What is true about a cause of action for an injunction for protection against repeat violence, dating violence, or sexual violence?
What is the consequence of a person who is the victim of sexual violence reporting the incident to a law enforcement agency?
What is the consequence of a person who is the victim of sexual violence reporting the incident to a law enforcement agency?
What is the purpose of the sworn petition for an injunction for protection against repeat violence, sexual violence, or dating violence?
What is the purpose of the sworn petition for an injunction for protection against repeat violence, sexual violence, or dating violence?
Who receives a certified copy of any injunction for protection against repeat violence, sexual violence, or dating violence entered by the court?
Who receives a certified copy of any injunction for protection against repeat violence, sexual violence, or dating violence entered by the court?
What is not included in the definition of dating violence?
What is not included in the definition of dating violence?
Who can serve an injunction issued under this section?
Who can serve an injunction issued under this section?
What must the clerk of the court electronically transmit to the sheriff within 24 hours after issuing an injunction?
What must the clerk of the court electronically transmit to the sheriff within 24 hours after issuing an injunction?
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?
What is the primary purpose of a petition under this section?
What is the primary purpose of a petition under this section?
What is required to be personally served to the respondent prior to the hearing?
What is required to be personally served to the respondent prior to the hearing?
Who may authorize a law enforcement agency to effect service and receive a portion of the service fee?
Who may authorize a law enforcement agency to effect service and receive a portion of the service fee?
What must the clerk of the court furnish to the sheriff?
What must the clerk of the court furnish to the sheriff?
Under what circumstances may the court grant a temporary injunction ex parte?
Under what circumstances may the court grant a temporary injunction ex parte?
When can a law enforcement officer serve an injunction?
When can a law enforcement officer serve an injunction?
What is the maximum duration of an ex parte temporary injunction?
What is the maximum duration of an ex parte temporary injunction?
What is the purpose of a full hearing under this section?
What is the purpose of a full hearing under this section?
What must a law enforcement officer do when receiving an electronic copy of an injunction?
What must a law enforcement officer do when receiving an electronic copy of an injunction?
Who can accompany the petitioner and assist in the execution or service of the injunction?
Who can accompany the petitioner and assist in the execution or service of the injunction?
What must a temporary or final judgment on injunction for protection against repeat violence indicate?
What must a temporary or final judgment on injunction for protection against repeat violence indicate?
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?
What does the clerk of the court electronically transmit to the sheriff with jurisdiction over the residence of the petitioner?
What does the clerk of the court electronically transmit to the sheriff with jurisdiction over the residence of the petitioner?
Who is responsible for furnishing information to the sheriff on the respondent's physical description and location?
Who is responsible for furnishing information to the sheriff on the respondent's physical description and location?
What may the petitioner seek in the petition?
What may the petitioner seek in the petition?
What may the court order in addition to an injunction enjoining the respondent from committing any further acts of violence?
What may the court order in addition to an injunction enjoining the respondent from committing any further acts of violence?
When may the petition be filed?
When may the petition be filed?
Who must electronically transmit written proof of service of process of an injunction to the sheriff within 24 hours?
Who must electronically transmit written proof of service of process of an injunction to the sheriff within 24 hours?
What is the time frame for the sheriff to make information relating to the injunction available to other law enforcement agencies?
What is the time frame for the sheriff to make information relating to the injunction available to other law enforcement agencies?
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?
What happens when an injunction for protection against repeat violence, sexual violence, or dating violence is lifted, terminated, or otherwise rendered no longer effective?
What happens when an injunction for protection against repeat violence, sexual violence, or dating violence is lifted, terminated, or otherwise rendered no longer effective?
What is the purpose of the court enforcing an injunction for protection through a civil or criminal contempt proceeding?
What is the purpose of the court enforcing an injunction for protection through a civil or criminal contempt proceeding?
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?
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?
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?
What is the role of a law enforcement officer who investigates an alleged incident of dating violence?
What is the role of a law enforcement officer who investigates an alleged incident of dating violence?
What is the purpose of the law enforcement officer giving the victim immediate notice of their legal rights and remedies?
What is the purpose of the law enforcement officer giving the victim immediate notice of their legal rights and remedies?
What is the result of the clerk collecting and receiving monetary assessments imposed by the court?
What is the result of the clerk collecting and receiving monetary assessments imposed by the court?
What should the Department of Law Enforcement include in the Legal Rights and Remedies Notice to Victims?
What should the Department of Law Enforcement include in the Legal Rights and Remedies Notice to Victims?
What should a law enforcement officer do when investigating an allegation of dating violence?
What should a law enforcement officer do when investigating an allegation of dating violence?
What must a law enforcement officer include in the written police report?
What must a law enforcement officer include in the written police report?
What should a law enforcement agency do with the initial police report?
What should a law enforcement agency do with the initial police report?
What should a law enforcement officer do when receiving complaints from two or more parties?
What should a law enforcement officer do when receiving complaints from two or more parties?
What is the officer's responsibility when determining who was the primary aggressor?
What is the officer's responsibility when determining who was the primary aggressor?
What is the purpose of the Legal Rights and Remedies Notice to Victims?
What is the purpose of the Legal Rights and Remedies Notice to Victims?
What must a law enforcement officer obtain from the victim and witnesses?
What must a law enforcement officer obtain from the victim and witnesses?
What should a law enforcement officer do when there is probable cause to believe that an act of dating violence has been committed?
What should a law enforcement officer do when there is probable cause to believe that an act of dating violence has been committed?
What is the purpose of the written police report?
What is the purpose of the written police report?
Who is immune from all liability, civil or criminal, in the context of dating violence?
Who is immune from all liability, civil or criminal, in the context of dating violence?
What is the punishment for a person who willfully violates an injunction for protection against repeat violence, sexual violence, or dating violence?
What is the punishment for a person who willfully violates an injunction for protection against repeat violence, sexual violence, or dating violence?
What constitutes a 'course of conduct' in the context of stalking?
What constitutes a 'course of conduct' in the context of stalking?
What is the penalty for a person who has two or more prior convictions for violation of an injunction or foreign protection order?
What is the penalty for a person who has two or more prior convictions for violation of an injunction or foreign protection order?
What is 'harass' as defined in the context of stalking?
What is 'harass' as defined in the context of stalking?
What is the required mental state for a person to commit stalking?
What is the required mental state for a person to commit stalking?
What is the consequence of committing a second or subsequent violation of an injunction or foreign protection order?
What is the consequence of committing a second or subsequent violation of an injunction or foreign protection order?
What is the required element for a credible threat in the context of stalking?
What is the required element for a credible threat in the context of stalking?
What is meant by the term 'cyberstalk' in the context of stalking?
What is meant by the term 'cyberstalk' in the context of stalking?
What is the definition of 'family or household member' in the context of dating violence?
What is the definition of 'family or household member' in the context of dating violence?
What is the maximum duration of an ex parte temporary injunction?
What is the maximum duration of an ex parte temporary injunction?
What is the penalty for a person who commits aggravated stalking?
What is the penalty for a person who commits aggravated stalking?
What is required for a person to be arrested without a warrant for violating this section?
What is required for a person to be arrested without a warrant for violating this section?
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?
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?
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?
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?
What is the purpose of the sentencing court considering issuing an order restraining the defendant from any contact with the victim?
What is the purpose of the sentencing court considering issuing an order restraining the defendant from any contact with the victim?
What is the purpose of a full hearing under this section?
What is the purpose of a full hearing under this section?
What is the term for the offense of stalking, including the offense of cyberstalking, in the context of injunctions for protection against stalking?
What is the term for the offense of stalking, including the offense of cyberstalking, in the context of injunctions for protection against stalking?
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?
What is the consequence of a person who commits aggravated stalking after an injunction for protection against repeat violence, sexual violence, or dating violence?
What is the consequence of a person who commits aggravated stalking after an injunction for protection against repeat violence, sexual violence, or dating violence?
What is the consequence of a temporary or final judgment on an injunction for protection against stalking?
What is the consequence of a temporary or final judgment on an injunction for protection against stalking?
What must the court provide to the petitioner?
What must the court provide to the petitioner?
What is the requirement for a person to be considered to have committed aggravated stalking?
What is the requirement for a person to be considered to have committed aggravated stalking?
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?
What is the penalty for a person who commits stalking, including cyberstalking?
What is the penalty for a person who commits stalking, including cyberstalking?
What is the purpose of the court in considering the length of the order restraining the defendant from any contact with the victim?
What is the purpose of the court in considering the length of the order restraining the defendant from any contact with the victim?
What may the court grant to the petitioner in addition to the injunction?
What may the court grant to the petitioner in addition to the injunction?
What is the requirement for a person to be arrested without a warrant for committing aggravated stalking?
What is the requirement for a person to be arrested without a warrant for committing aggravated stalking?
What happens if the respondent is already subject to an injunction?
What happens if the respondent is already subject to an injunction?
What is the requirement for the court to grant a continuance of the hearing?
What is the requirement for the court to grant a continuance of the hearing?
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?
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?
Can a petition for an injunction for protection against stalking be filed in any circuit, regardless of residency?
Can a petition for an injunction for protection against stalking be filed in any circuit, regardless of residency?
Is a bond required by the court for the entry of an injunction for protection against stalking?
Is a bond required by the court for the entry of an injunction for protection against stalking?
What is the maximum amount the clerk of the court may pay to the law enforcement agency for serving an injunction?
What is the maximum amount the clerk of the court may pay to the law enforcement agency for serving an injunction?
What must the clerk of the court provide to the petitioner?
What must the clerk of the court provide to the petitioner?
What must the sworn petition for an injunction for protection against stalking include?
What must the sworn petition for an injunction for protection against stalking include?
Who can be present with the petitioner or respondent during court proceedings or hearings related to the injunction for protection?
Who can be present with the petitioner or respondent during court proceedings or hearings related to the injunction for protection?
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?
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?
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?
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?
Can a petition for an injunction for protection against stalking be filed regardless of any other cause of action pending between the parties?
Can a petition for an injunction for protection against stalking be filed regardless of any other cause of action pending between the parties?
What must a law enforcement officer do when receiving an electronic copy of an injunction?
What must a law enforcement officer do when receiving an electronic copy of an injunction?
What assistance is the clerk of the court required to provide to petitioners?
What assistance is the clerk of the court required to provide to petitioners?
What is not required for a cause of action for an injunction for protection against stalking?
What is not required for a cause of action for an injunction for protection against stalking?
Who can serve an injunction issued under this section?
Who can serve an injunction issued under this section?
What is the primary purpose of a petition under this section?
What is the primary purpose of a petition under this section?
What information must the clerk of the court furnish to the sheriff?
What information must the clerk of the court furnish to the sheriff?
Who can accompany the petitioner and assist in the execution or service of the injunction?
Who can accompany the petitioner and assist in the execution or service of the injunction?
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?
When can a law enforcement officer serve an injunction?
When can a law enforcement officer serve an injunction?
What is required to be personally served to the respondent prior to the hearing?
What is required to be personally served to the respondent prior to the hearing?
What must be certified by the clerk of the court?
What must be certified by the clerk of the court?
What is the purpose of a full hearing under this section?
What is the purpose of a full hearing under this section?
Who can authorize a law enforcement agency to effect service and receive a portion of the service fee?
Who can authorize a law enforcement agency to effect service and receive a portion of the service fee?
What must the clerk of the court furnish to the sheriff?
What must the clerk of the court furnish to the sheriff?
What is the consequence of a person committing stalking?
What is the consequence of a person committing stalking?
What must the petitioner describe in the petition?
What must the petitioner describe in the petition?
What is required to appear directly above the signature line of the petition?
What is required to appear directly above the signature line of the petition?
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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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