134 Questions
What is the level of felony for a person who has one prior conviction for battery, aggravated battery, or felony battery and commits a second or subsequent battery?
Felony of the third degree
What is the condition for committing a felony of the third degree under subsection (3) of 784.041?
Committing battery in furtherance of a riot or an aggravated riot
What is the term for a continuing and significant relationship of a romantic or intimate nature?
Dating relationship
What is the level of felony for a person who commits aggravated battery?
Felony of the second degree
What is required for a dating relationship to be considered a 'continuing and significant relationship of a romantic or intimate nature'?
A dating relationship must have existed within the past 6 months.
What is the term for assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death?
Violence
What constitutes 'repeat violence'?
Two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months.
What is the punishment for a person who commits domestic battery by strangulation?
Felony of the third degree
Who has standing to file a sworn petition for an injunction for protection against repeat violence?
The victim of repeat violence or the parent or legal guardian of any minor child who is living at home.
What is the level of felony for a person who commits a battery in furtherance of a riot or an aggravated riot?
Felony of the third degree
What is required for a person to have standing to file a sworn petition for an injunction for protection against sexual violence?
The person must have reported the sexual violence to a law enforcement agency.
What is the punishment for a person who commits battery?
Misdemeanor of the first degree
What is the term for a family or household member or a person with whom one is in a dating relationship?
Family or household member or person in a dating relationship
What is considered 'sexual violence'?
Any one incident of sexual battery or a lewd or lascivious act.
What determines whether a relationship is a 'dating relationship'?
The frequency and type of interaction between the parties.
What is the level of felony for a person who commits felony battery?
Felony of the third degree
Who has standing to file a sworn petition for an injunction for protection against dating violence?
Any person who is the victim of dating violence or the parent or legal guardian of any minor child who is living at home.
What is not considered 'dating violence'?
Violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.
What is required for a person to have standing to file a sworn petition for an injunction for protection against sexual violence on behalf of a minor child?
The person must be the parent or legal guardian of the minor child.
How many causes of action for an injunction for protection are created?
Three.
What is the definition of an 'assault' according to Florida law?
An intentional, unlawful threat by word or act to do violence to another person, coupled with an apparent ability to do so
What is the punishment for a person who commits a misdemeanor of the second degree?
Punishable as provided in s. 775.082 or s. 775.083
What is an 'aggravated assault' according to Florida law?
An assault with an intent to commit a felony
What is the punishment for a person who commits aggravated assault?
Punishable as provided in s. 775.082, s. 775.083, or s. 775.084
What is the definition of 'battery' according to Florida law?
Intentionally causing bodily harm to another person without consent
What is the ranking for a violation of aggravated assault under chapter 921?
Ranked one level above the ranking under s. 921.0022
What is the punishment for a person who commits an assault in furtherance of a riot or an aggravated riot?
A misdemeanor of the first degree
What is the difference between an assault and an aggravated assault?
The use of a deadly weapon
What is a prerequisite for seeking a cause of action for an injunction?
No prerequisites are required.
What is the responsibility of the clerk of the court?
To provide a copy of this section, simplified forms, and clerical assistance.
What is the maximum fee that the clerk of the court may pay to a law enforcement agency?
$20
What is required for a parent or legal guardian seeking a protective injunction on behalf of a minor child?
They must have been an eyewitness to the specific facts and circumstances.
What must the sworn petition allege?
The incidents of repeat violence, sexual violence, or dating violence.
What must the sworn petition include with respect to a minor child?
The specific facts and circumstances that form the basis upon which relief is sought.
What must the parent or legal guardian provide if the party against whom the protective injunction is sought is also a parent, stepparent, or legal guardian of the minor child?
Direct physical evidence or affidavits from eyewitnesses.
What is the form of the sworn petition?
A sworn statement in substantially the following form.
What is not required by the court?
A bond.
Who receives a certified copy of any injunction for protection?
The petitioner.
What is the purpose of the petitioner providing evidence of repeat violence?
To demonstrate the need for an injunction against the respondent
What is the purpose of the temporary injunction?
To protect the petitioner from immediate and present danger of violence
What is the purpose of the full hearing?
To grant a final injunction and determine the terms of the injunction
What is the duration of an ex parte temporary injunction?
For a fixed period not to exceed 15 days
What is the purpose of the injunction for protection against repeat violence?
To protect the petitioner from further acts of violence
What is the effect of a temporary injunction on the respondent?
It is effective throughout the State of Florida
What is the purpose of the petitioner providing a list of incidents of violence?
To demonstrate the need for an injunction against the respondent
What is the purpose of the court setting a hearing?
To grant a final injunction and determine the terms of the injunction
What is the effect of a final judgment on an injunction for protection against repeat violence?
It is effective throughout the State of Florida
What is the purpose of the petitioner providing evidence of sexual violence?
To demonstrate the need for an injunction against the respondent
Who is responsible for serving the respondent with the temporary or final order?
Sheriff or a law enforcement agency
Within how many hours after service of process of an injunction for protection against repeat violence, sexual violence, or dating violence must the law enforcement officer forward the written proof of service of process to the sheriff with jurisdiction over the residence of the petitioner?
24 hours
Who must make information relating to the injunction available to other law enforcement agencies by electronically transmitting such information to the department?
The sheriff
What must the clerk of the court furnish to the sheriff?
Information on the respondent's physical description and location
What must be included in the automated notice sent to the petitioner?
The date, time, and location of service
Who may authorize a law enforcement agency to effect service of an injunction?
Chief judge of each circuit
What is the purpose of holding the respondent in custody after being arrested for violating an injunction for protection?
To enforce the injunction and for admittance to bail
What is created within the Department of Law Enforcement?
Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System
What must the clerk of the court forward to the sheriff within 24 hours?
A copy of the injunction
What happens to the monetary assessments imposed for violating an injunction for protection?
They are transferred to the State Treasury for deposit in the Crimes Compensation Trust Fund
Who may move the court to modify or dissolve an injunction for protection?
Either the petitioner or the respondent
Who may accompany the petitioner to assist in the execution or service of the injunction?
A law enforcement officer
What must a law enforcement officer do when investigating an alleged incident of dating violence?
Assist the victim in obtaining medical treatment if necessary
What is the primary purpose of the Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System?
To provide information for verification purposes
Who can serve an injunction certified by the clerk of the court?
Only a law enforcement officer
What is the purpose of the standard form developed and distributed by the Department of Law Enforcement?
To advise the victim of legal rights and remedies
What is required for the sheriff to serve the respondent?
A certified copy of the injunction
What happens to the information relating to the injunction after the sheriff receives a certified copy of the injunction?
It is made available to other law enforcement agencies by electronically transmitting such information to the department
What is the purpose of the automated process developed by the Florida Association of Court Clerks and Comptrollers?
To allow the petitioner to request notification of service of the injunction
Who may transmit a facsimile copy of an injunction to a law enforcement officer?
The sheriff or a law enforcement agency
What is the language requirement for the Legal Rights and Remedies Notice to Victims?
Simple English and Spanish
What is included in the Legal Rights and Remedies Notice to Victims?
A resource listing for the area domestic violence center
What must a law enforcement officer do when investigating an allegation of dating violence?
Handle the incident according to the arrest policy and make a written police report
What is included in the written police report?
All of the above
What must a law enforcement agency do with the initial police report?
Send a copy to the nearest locally certified domestic violence center within 24 hours
What happens to a person who willfully violates a condition of pretrial release provided in s. 903.047, after the original arrest was for an act of dating violence?
They commit a misdemeanor of the first degree.
What is the consequence of 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?
They commit a felony of the third degree.
When can a law enforcement officer arrest a person suspected of committing dating violence?
When there is probable cause to believe the person committed the act
What does the term 'harass' mean in the context of stalking?
To engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
What must a law enforcement officer do when receiving complaints from two or more parties?
Evaluate each complaint separately to determine probable cause for arrest
What is the term for a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose?
Course of conduct
What is the purpose of the written police report?
To compile data on dating violence cases
What is the consequence of violating an injunction for protection against repeat violence, sexual violence, or dating violence?
It is punishable as a misdemeanor of the first degree.
What is the role of the supervisor in the reporting process?
To receive the written police report
What is the condition for a law enforcement officer acting in good faith under this section and the officer's employing agency?
They are immune from all liability, civil or criminal.
What is the requirement for the law enforcement agency when submitting reports to the domestic violence center?
The reports must exclude victim and witness statements
What happens to a person who willfully violates an injunction for protection against repeat violence, sexual violence, or dating violence?
They are charged with a misdemeanor of the first degree.
What is the consequence of 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?
They commit a felony of the third degree.
What is the term for engaging in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose?
Harassment
What is the consequence of violating an injunction for protection against repeat violence, sexual violence, or dating violence?
It is punishable as a misdemeanor of the first degree.
What is the term for a verbal or nonverbal threat, or a combination of the two, which places the person who is the target of the threat in reasonable fear for their safety or the safety of their family members?
Credible threat
What must be mentioned on the face of a final judgment on an injunction for protection against stalking entered pursuant to this section?
That it is a violation of s. 790.233 and a misdemeanor of the first degree
What is the punishment for a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat?
Felony of the third degree
What does it mean to 'cyberstalk'?
To engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, and to access, or attempt to access, the online accounts or Internet-connected home electronic systems of another person without that person’s permission
Who may be present with the petitioner or respondent during any court proceedings or hearings related to the injunction for protection?
An advocate from a state attorney’s office, a law enforcement agency, a certified rape crisis center, or a certified domestic violence center
What is the punishment for a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person?
Misdemeanor of the first degree
How must the clerk of the court transmit a certified copy of an injunction to the sheriff or a law enforcement agency?
By facsimile transmission
What is required to be recorded according to subsection (f)?
All proceedings under this subsection
What is the condition for a law enforcement officer to arrest, without a warrant, any person?
Probable cause to believe the person has violated this section
Who is responsible for serving the respondent with the petition, notice of hearing, and temporary injunction, if any?
The sheriff or a law enforcement agency
What is the maximum duration of an order restraining the defendant from any contact with the victim?
10 years
What is the purpose of the clerk of the court furnishing a copy of the petition, notice of hearing, and temporary injunction to the sheriff or a law enforcement agency?
To serve the respondent with process
What is the punishment for a person who, after an injunction for protection against repeat violence, sexual violence, or dating violence, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person?
Felony of the third degree
Can a person who is the victim of stalking seek an injunction for protection against stalking regardless of whether any other cause of action is currently pending between the parties?
Yes, regardless of the nature of the other cause of action.
What is the minimum fee that the clerk of the court may pay to a law enforcement agency for serving an injunction?
$20
What is the punishment for a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under 16 years of age?
Felony of the third degree
Can a person who is not represented by an attorney seek an injunction for protection against stalking?
Yes, regardless of representation.
What is the purpose of the sentencing court considering issuing an order restraining the defendant from any contact with the victim?
To protect the victim and their family members
What is the requirement for the length of any order restraining the defendant from any contact with the victim?
All of the above
Where can a petition for an injunction for protection against stalking be filed?
In the circuit where the petitioner or respondent resides, or where the stalking occurred.
What is the responsibility of the clerk of the court in assisting petitioners?
To assist petitioners in seeking both injunctions for protection against stalking and enforcement of a violation thereof.
Can the court issue mutual orders of protection against stalking?
No, but the court can issue separate injunctions for protection against stalking if each party has complied with this section.
What is the fee that the clerk of the court may request from the Office of the State Courts Administrator for reimbursement for petitions for protection against stalking?
$40
Who has standing to file a sworn petition for an injunction for protection against stalking on behalf of a minor child?
Only the parent or legal guardian of the minor child.
What is not required to file a petition for an injunction for protection against stalking?
A minimum residency requirement.
What is the purpose of the clerk of the court providing a petitioner with a minimum of two certified copies of the order of injunction?
To inform the petitioner of the process for service and enforcement.
What is the responsibility of the clerk of the court in each county?
To distribute a statewide uniform informational brochure to petitioners
What must the sworn petition allege?
The existence of stalking and the specific facts and circumstances for which relief is sought
What information must be included in the statewide uniform informational brochure?
The effect of giving the court false information
What must be included in the sworn petition for an injunction for protection against stalking?
The physical description of the respondent, aliases, and other identifying information
When must the court set a hearing?
Upon the filing of the petition
What must the petitioner describe in the sworn petition?
The incidents of stalking, previous attempts to obtain an injunction for protection against stalking, and any other cause of action currently pending
What must be included in the sworn petition for an injunction for protection against stalking?
The petitioner's address and employment information, and the respondent's address and employment information
What is the purpose of the petitioner providing a sworn petition?
To seek relief from the court and protection from stalking
What is required to be included in all capital letters and bold type in the sworn petition?
A statement that the petitioner has read and understands the penalties for perjury
What is the purpose of the court setting a hearing?
To determine the relief sought by the petitioner
What must be served to the respondent before the hearing?
A copy of the petition, notice of hearing, and temporary injunction
Under what circumstances may the court grant a temporary injunction ex parte?
If it appears to the court that stalking exists
What is the maximum duration of an ex parte temporary injunction?
15 days
What may the court order the respondent to do in addition to restraining them from committing any act of stalking?
Participate in treatment, intervention, or counseling services
What must a temporary or final judgment on injunction for protection against stalking indicate?
That the injunction is valid and enforceable in all counties of this state
What may be extended if necessary to remain in full force and effect during any period of continuance?
The temporary injunction
What may the court provide to the petitioner?
A list of certified domestic violence centers
Under what circumstances may the court grant a continuance of the hearing?
For good cause shown by any party
What may the court order in addition to an injunction restraining the respondent from committing any act of stalking?
Referring a petitioner to appropriate services
What is the effect of a denial of a petition for an ex parte injunction?
A full hearing on the petition for injunction is set
Study Notes
Assault and Battery
- An assault is an intentional, unlawful threat to do violence to another person, with the ability to do so, and creating a well-founded fear of violence.
- A person who assaults another person commits a misdemeanor of the second degree, punishable by law.
- Assaulting another person in furtherance of a riot or aggravated riot is a misdemeanor of the first degree.
Aggravated Assault
- An aggravated assault is an assault with a deadly weapon without intent to kill, or with intent to commit a felony.
- A person who commits aggravated assault commits a felony of the third degree, punishable by law.
Battery
- A battery occurs when a person intentionally touches or strikes another person against their will, or causes bodily harm.
- A person who commits battery commits a misdemeanor of the first degree, punishable by law.
- A person who has a prior conviction for battery, aggravated battery, or felony battery and commits another battery commits a felony of the third degree.
Felony Battery
- A person who commits felony battery intentionally touches or strikes another person against their will, causing great bodily harm, permanent disability, or permanent disfigurement.
- A person who commits felony battery commits a felony of the third degree, punishable by law.
Aggravated Battery
- An aggravated battery occurs when a person, in committing a battery, intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, or uses a deadly weapon.
- A person who commits aggravated battery commits a felony of the second degree, punishable by law.
Injunctions for Protection
- A person who is a victim of repeat violence, sexual violence, or dating violence has standing to file a petition for an injunction for protection.
- A person who has reasonable cause to believe they are in imminent danger of becoming a victim of violence has standing to file a petition for an injunction for protection.
- A sworn petition for an injunction for protection must include specific facts and circumstances that form the basis upon which relief is sought.
- The court may grant a temporary or final injunction, including enjoining the respondent from committing acts of violence, and ordering other relief as necessary for the protection of the petitioner.### Domestic Violence Injunctions
- The department shall establish a statewide communication system to transmit information about domestic violence injunctions to and between criminal justice agencies.
- The system must include information about the existence and status of any injunction for verification purposes.
Issuance of Injunctions
- The court shall enforce, through a civil or criminal contempt proceeding, a violation of an injunction for protection.
- The court may impose a monetary assessment to enforce the respondent's compliance with the injunction.
- The clerk of the court shall collect and transfer the assessments to the Crimes Compensation Trust Fund.
Law Enforcement Officer's Responsibilities
- A law enforcement officer who investigates an alleged incident of dating violence shall assist the victim in obtaining medical treatment and advise the victim of their legal rights and remedies.
- The officer shall provide the victim with a written notice of their legal rights and remedies, including a resource listing for the area domestic violence center.
- The officer shall handle the incident according to the arrest policy provided in s. 901.15(7) and make a written police report.
Arrest and Charge
- A law enforcement officer may arrest a person who commits an act of dating violence or violates a condition of pretrial release.
- The officer shall evaluate each complaint separately to determine probable cause for arrest.
- If two or more persons make complaints, the officer shall try to determine who was 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 and subsequently commits a violation against the same victim commits a felony of the third degree.
Stalking Definitions and Penalties
- Stalking means to engage in a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.
- A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree.
- A person who makes a credible threat to the victim or has a prior conviction for stalking commits the offense of aggravated stalking, a felony of the third degree.
Injunction for Protection Against Stalking
- A person who is a 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 also issue an order restraining the defendant from any contact with the victim.### Clerk's Responsibilities
- Ensure petitioner's privacy while completing forms for an injunction for protection against stalking
- Provide a petitioner with a minimum of two certified copies of the order of injunction, one of which is serviceable
- Inform the petitioner of the process for service and enforcement
- Receive training in the effective assistance of petitioners as provided or approved by the Florida Association of Court Clerks and Comptrollers
- Make available informational brochures on stalking when provided by the local certified domestic violence center or certified rape crisis center
- Distribute a statewide uniform informational brochure to petitioners at the time of filing for an injunction for protection against stalking when available
The Sworn Petition
- Alleges the existence of stalking and includes specific facts and circumstances for which relief is sought
- In substantially the following form:
- Petitioner's personal information (name, address, etc.)
- Respondent's personal information (name, address, employment, physical description, etc.)
- Description of incidents of stalking (dates, locations, etc.)
- Petitioner's previous attempts to obtain an injunction for protection against stalking
- Respondent's criminal history involving violence or threats
- States that the petitioner has read and understands that the statements made in the petition are true and correct and punishable as perjury
Court Procedures
- Upon filing of the petition, the court sets a hearing to be held at the earliest possible time
- Respondent is personally served with a copy of the petition, notice of hearing, and temporary injunction, if any, before the hearing
- Court may grant a temporary injunction ex parte, pending a full hearing, if it appears that stalking exists
- Evidence other than verified pleadings or affidavits may not be used as evidence, unless the respondent appears at the hearing or has received reasonable notice of the hearing
- Denial of a petition for an ex parte injunction is by written order noting the legal grounds for denial
Injunction Relief
- Court may grant an injunction restraining the respondent from committing any act of stalking
- Order the respondent to participate in treatment, intervention, or counseling services
- Refer a petitioner to appropriate services (certified domestic violence centers, rape crisis centers, etc.)
- Order other relief as deemed necessary for the protection of a victim of stalking, including injunctions or directives to law enforcement agencies
This quiz covers various aspects of criminal law in Florida, including battery, aggravated battery, and assault. It also touches on sentencing guidelines and relationship definitions. Test your knowledge of Florida's criminal code!
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
