Sexual Violence

Definition

If you or a member of your immediate family is a victim of sexual violence, you may ask the Court for a protective order (injunction) prohibiting further sexual violence. Sexual violence means any one incident of:

• Sexual battery as defined in Chapter 794, Florida Statutes.
• A lewd and lascivious act as defined in Chapter 800, Florida Statutes. 
• Luring or enticing a child as described in Chapter 787, Florida Statutes. 
• Sexual performance by a child as described in Chapter 827, Florida Statutes.
• Any other forcible felony wherein a sexual act is committed.

An order for protection may be requested regardless of whether criminal charges based upon the incident were filed, reduced, or dismissed by the State Attorney's Office.

Qualifications

One of the following factors must exist to qualify for a sexual violence injunction:

• The petitioner has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceeding against the respondent, regardless of whether criminal charges based upon the sexual violence have been filed, reduced, or dismissed by the State Attorney's Office.
• The respondent who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent's term of imprisonment has expired or is due to expire within 90 days following the date the Petition for Injunction for Protection Against Sexual Violence is filed.

If your situation does not include at least one of these two factors, you cannot file for an injunction against sexual violence. However, you may qualify for one of the other types of injunctions (domestic, repeat, or dating).