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Questions and Answers
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?
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?
What is the condition for committing a felony of the third degree under subsection (3) of 784.041?
What is the condition for committing a felony of the third degree under subsection (3) of 784.041?
What is the term for a continuing and significant relationship of a romantic or intimate nature?
What is the term for a continuing and significant relationship of a romantic or intimate nature?
What is the level of felony for a person who commits aggravated battery?
What is the level of felony for a person who commits aggravated battery?
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What is required for a dating relationship to be considered a 'continuing and significant relationship of a romantic or intimate nature'?
What is required for a dating relationship to be considered a 'continuing and significant relationship of a romantic or intimate nature'?
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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?
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?
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What constitutes 'repeat violence'?
What constitutes 'repeat violence'?
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What is the punishment for a person who commits domestic battery by strangulation?
What is the punishment for a person who commits domestic battery by strangulation?
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Who has standing to file a sworn petition for an injunction for protection against repeat violence?
Who has standing to file a sworn petition for an injunction for protection against repeat violence?
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What is the level of felony for a person who commits a battery in furtherance of a riot or an aggravated riot?
What is the level of felony for a person who commits a battery in furtherance of a riot or an aggravated riot?
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What is required for a person to have standing to file a sworn petition for an injunction for protection against sexual violence?
What is required for a person to have standing to file a sworn petition for an injunction for protection against sexual violence?
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What is the punishment for a person who commits battery?
What is the punishment for a person who commits battery?
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What is the term for a family or household member or a person with whom one is in a dating relationship?
What is the term for a family or household member or a person with whom one is in a dating relationship?
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What is considered 'sexual violence'?
What is considered 'sexual violence'?
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What determines whether a relationship is a 'dating relationship'?
What determines whether a relationship is a 'dating relationship'?
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What is the level of felony for a person who commits felony battery?
What is the level of felony for a person who commits felony battery?
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Who has standing to file a sworn petition for an injunction for protection against dating violence?
Who has standing to file a sworn petition for an injunction for protection against dating violence?
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What is not considered 'dating violence'?
What is not considered 'dating violence'?
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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?
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?
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How many causes of action for an injunction for protection are created?
How many causes of action for an injunction for protection are created?
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What is the definition of an 'assault' according to Florida law?
What is the definition of an 'assault' according to Florida law?
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What is the punishment for a person who commits a misdemeanor of the second degree?
What is the punishment for a person who commits a misdemeanor of the second degree?
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What is an 'aggravated assault' according to Florida law?
What is an 'aggravated assault' according to Florida law?
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What is the punishment for a person who commits aggravated assault?
What is the punishment for a person who commits aggravated assault?
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What is the definition of 'battery' according to Florida law?
What is the definition of 'battery' according to Florida law?
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What is the ranking for a violation of aggravated assault under chapter 921?
What is the ranking for a violation of aggravated assault under chapter 921?
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What is the punishment for a person who commits an assault in furtherance of a riot or an aggravated riot?
What is the punishment for a person who commits an assault in furtherance of a riot or an aggravated riot?
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What is the difference between an assault and an aggravated assault?
What is the difference between an assault and an aggravated assault?
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What is a prerequisite for seeking a cause of action for an injunction?
What is a prerequisite for seeking a cause of action for an injunction?
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What is the responsibility of the clerk of the court?
What is the responsibility of the clerk of the court?
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What is the maximum fee that the clerk of the court may pay to a law enforcement agency?
What is the maximum fee that the clerk of the court may pay to a law enforcement agency?
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What is required for a parent or legal guardian seeking a protective injunction on behalf of a minor child?
What is required for a parent or legal guardian seeking a protective injunction on behalf of a minor child?
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What must the sworn petition allege?
What must the sworn petition allege?
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What must the sworn petition include with respect to a minor child?
What must the sworn petition include with respect to a minor child?
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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?
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?
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What is the form of the sworn petition?
What is the form of the sworn petition?
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What is not required by the court?
What is not required by the court?
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Who receives a certified copy of any injunction for protection?
Who receives a certified copy of any injunction for protection?
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What is the purpose of the petitioner providing evidence of repeat violence?
What is the purpose of the petitioner providing evidence of repeat violence?
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What is the purpose of the temporary injunction?
What is the purpose of the temporary injunction?
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What is the purpose of the full hearing?
What is the purpose of the full hearing?
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What is the duration of an ex parte temporary injunction?
What is the duration of an ex parte temporary injunction?
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What is the purpose of the injunction for protection against repeat violence?
What is the purpose of the injunction for protection against repeat violence?
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What is the effect of a temporary injunction on the respondent?
What is the effect of a temporary injunction on the respondent?
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What is the purpose of the petitioner providing a list of incidents of violence?
What is the purpose of the petitioner providing a list of incidents of violence?
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What is the purpose of the court setting a hearing?
What is the purpose of the court setting a hearing?
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What is the effect of a final judgment on an injunction for protection against repeat violence?
What is the effect of a final judgment on an injunction for protection against repeat violence?
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What is the purpose of the petitioner providing evidence of sexual violence?
What is the purpose of the petitioner providing evidence of sexual violence?
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Who is responsible for serving the respondent with the temporary or final order?
Who is responsible for serving the respondent with the temporary or final order?
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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?
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?
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Who must make information relating to the injunction available to other law enforcement agencies by electronically transmitting such information to the department?
Who must make information relating to the injunction available to other law enforcement agencies by electronically transmitting such information to the department?
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What must the clerk of the court furnish to the sheriff?
What must the clerk of the court furnish to the sheriff?
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What must be included in the automated notice sent to the petitioner?
What must be included in the automated notice sent to the petitioner?
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Who may authorize a law enforcement agency to effect service of an injunction?
Who may authorize a law enforcement agency to effect service of an injunction?
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What is the purpose of holding the respondent in custody after being arrested for violating an injunction for protection?
What is the purpose of holding the respondent in custody after being arrested for violating an injunction for protection?
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What is created within the Department of Law Enforcement?
What is created within the Department of Law Enforcement?
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What must the clerk of the court forward to the sheriff within 24 hours?
What must the clerk of the court forward to the sheriff within 24 hours?
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What happens to the monetary assessments imposed for violating an injunction for protection?
What happens to the monetary assessments imposed for violating an injunction for protection?
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Who may move the court to modify or dissolve an injunction for protection?
Who may move the court to modify or dissolve an injunction for protection?
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Who may accompany the petitioner to assist in the execution or service of the injunction?
Who may accompany the petitioner to assist in the execution or service of the injunction?
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What must a law enforcement officer do when investigating an alleged incident of dating violence?
What must a law enforcement officer do when investigating an alleged incident of dating violence?
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What is the primary purpose of the Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System?
What is the primary purpose of the Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System?
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Who can serve an injunction certified by the clerk of the court?
Who can serve an injunction certified by the clerk of the court?
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What is the purpose of the standard form developed and distributed by the Department of Law Enforcement?
What is the purpose of the standard form developed and distributed by the Department of Law Enforcement?
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What is required for the sheriff to serve the respondent?
What is required for the sheriff to serve the respondent?
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What happens to the information relating to the injunction after the sheriff receives 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?
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What is the purpose of the automated process developed by the Florida Association of Court Clerks and Comptrollers?
What is the purpose of the automated process developed by the Florida Association of Court Clerks and Comptrollers?
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Who may transmit a facsimile copy of an injunction to a law enforcement officer?
Who may transmit a facsimile copy of an injunction to a law enforcement officer?
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What is the language requirement for the Legal Rights and Remedies Notice to Victims?
What is the language requirement for the Legal Rights and Remedies Notice to Victims?
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What is included in the Legal Rights and Remedies Notice to Victims?
What is included in the Legal Rights and Remedies Notice to Victims?
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What must a law enforcement officer do when investigating an allegation of dating violence?
What must a law enforcement officer do when investigating an allegation of dating violence?
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What is included in the written police report?
What is included in the written police report?
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What must a law enforcement agency do with the initial police report?
What must a law enforcement agency do with the initial police report?
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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?
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?
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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?
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?
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When can a law enforcement officer arrest a person suspected of committing dating violence?
When can a law enforcement officer arrest a person suspected of committing dating violence?
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What does the term 'harass' mean in the context of stalking?
What does the term 'harass' mean in the context of stalking?
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What must a law enforcement officer do when receiving complaints from two or more parties?
What must a law enforcement officer do when receiving complaints from two or more parties?
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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?
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?
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What is the purpose of the written police report?
What is the purpose of the written police report?
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What is the consequence of violating an injunction for protection against repeat violence, sexual violence, or dating violence?
What is the consequence of violating an injunction for protection against repeat violence, sexual violence, or dating violence?
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What is the role of the supervisor in the reporting process?
What is the role of the supervisor in the reporting process?
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What is the condition for a law enforcement officer acting in good faith under this section and the officer's employing agency?
What is the condition for a law enforcement officer acting in good faith under this section and the officer's employing agency?
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What is the requirement for the law enforcement agency when submitting reports to the domestic violence center?
What is the requirement for the law enforcement agency when submitting reports to the domestic violence center?
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What happens to a person who willfully violates an injunction for protection against repeat violence, sexual violence, or dating violence?
What happens to a person who willfully violates an injunction for protection against repeat violence, sexual violence, or dating violence?
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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?
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?
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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?
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?
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What is the consequence of violating an injunction for protection against repeat violence, sexual violence, or dating violence?
What is the consequence of violating an injunction for protection against repeat violence, sexual violence, or dating violence?
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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?
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?
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What must be mentioned on the face of a final judgment on an injunction for protection against stalking entered pursuant to this section?
What must be mentioned on the face of a final judgment on an injunction for protection against stalking entered pursuant to this section?
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What is the punishment for a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat?
What is the punishment for a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat?
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What does it mean to 'cyberstalk'?
What does it mean to 'cyberstalk'?
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Who may be present with the petitioner or respondent during any court proceedings or hearings related to the injunction for protection?
Who may be present with the petitioner or respondent during any court proceedings or hearings related to the injunction for protection?
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What is the punishment for a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person?
What is the punishment for a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person?
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How must the clerk of the court transmit a certified copy of an injunction to the sheriff or a law enforcement agency?
How must the clerk of the court transmit a certified copy of an injunction to the sheriff or a law enforcement agency?
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What is required to be recorded according to subsection (f)?
What is required to be recorded according to subsection (f)?
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What is the condition for a law enforcement officer to arrest, without a warrant, any person?
What is the condition for a law enforcement officer to arrest, without a warrant, any person?
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Who is responsible for serving the respondent with the petition, notice of hearing, and temporary injunction, if any?
Who is responsible for serving the respondent with the petition, notice of hearing, and temporary injunction, if any?
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What is the maximum duration of an order restraining the defendant from any contact with the victim?
What is the maximum duration of an order restraining the defendant from any contact with the victim?
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What is the 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?
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?
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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?
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?
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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?
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?
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What is the minimum fee that the clerk of the court may pay to a law enforcement agency for serving an injunction?
What is the minimum fee that the clerk of the court may pay to a law enforcement agency for serving an injunction?
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What is the punishment for a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under 16 years of age?
What is the punishment for a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under 16 years of age?
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Can a person who is not represented by an attorney seek an injunction for protection against stalking?
Can a person who is not represented by an attorney seek an injunction for protection against stalking?
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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?
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What is the requirement for the length of any order restraining the defendant from any contact with the victim?
What is the requirement for the length of any order restraining the defendant from any contact with the victim?
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Where can a petition for an injunction for protection against stalking be filed?
Where can a petition for an injunction for protection against stalking be filed?
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What is the responsibility of the clerk of the court in assisting petitioners?
What is the responsibility of the clerk of the court in assisting petitioners?
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Can the court issue mutual orders of protection against stalking?
Can the court issue mutual orders of protection against stalking?
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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?
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?
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Who has standing to file a sworn petition for an injunction for protection against stalking on behalf of a minor child?
Who has standing to file a sworn petition for an injunction for protection against stalking on behalf of a minor child?
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What is not required to file a petition for an injunction for protection against stalking?
What is not required to file a petition for an injunction for protection against stalking?
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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?
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?
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What is the responsibility of the clerk of the court in each county?
What is the responsibility of the clerk of the court in each county?
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What must the sworn petition allege?
What must the sworn petition allege?
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What information must be included in the statewide uniform informational brochure?
What information must be included in the statewide uniform informational brochure?
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What must be included in the sworn petition for an injunction for protection against stalking?
What must be included in the sworn petition for an injunction for protection against stalking?
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When must the court set a hearing?
When must the court set a hearing?
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What must the petitioner describe in the sworn petition?
What must the petitioner describe in the sworn petition?
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What must be included in the sworn petition for an injunction for protection against stalking?
What must be included in the sworn petition for an injunction for protection against stalking?
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What is the purpose of the petitioner providing a sworn petition?
What is the purpose of the petitioner providing a sworn petition?
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What is required to be included in all capital letters and bold type in the sworn petition?
What is required to be included in all capital letters and bold type in the sworn petition?
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What is the purpose of the court setting a hearing?
What is the purpose of the court setting a hearing?
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What must be served to the respondent before the hearing?
What must be served to the respondent before the hearing?
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Under what circumstances may the court grant a temporary injunction ex parte?
Under what circumstances may the court grant a temporary injunction ex parte?
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What is the maximum duration of an ex parte temporary injunction?
What is the maximum duration of an ex parte temporary injunction?
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What may the court order the respondent to do in addition to restraining them from committing any act of stalking?
What may the court order the respondent to do in addition to restraining them from committing any act of stalking?
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What must a temporary or final judgment on injunction for protection against stalking indicate?
What must a temporary or final judgment on injunction for protection against stalking indicate?
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What may be extended if necessary to remain in full force and effect during any period of continuance?
What may be extended if necessary to remain in full force and effect during any period of continuance?
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What may the court provide to the petitioner?
What may the court provide to the petitioner?
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Under what circumstances may the court grant a continuance of the hearing?
Under what circumstances may the court grant a continuance of the hearing?
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What may the court order in addition to an injunction restraining the respondent from committing any act of stalking?
What may the court order in addition to an injunction restraining the respondent from committing any act of stalking?
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What is the effect of a denial of a petition for an ex parte injunction?
What is the effect of a denial of a petition for an ex parte injunction?
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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
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Description
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!