Dating Violence

CHAPTER 784. ASSAULT;  BATTERY;  CULPABLE NEGLIGENCE

784.046. Action by victim of repeat violence, sexual violence, or dating violence for protective injunction;  powers and duties of court and clerk of court;  filing and form of petition;  notice and hearing;  temporary injunction;  issuance;  statewide verification system;  enforcement

(1) As used in this section, the term:

(d) “Dating violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.  The existence of such a relationship shall be determined based on the consideration of the following factors:

1. A dating relationship must have existed within the past 6 months;

2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties;  and

3. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.

The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.