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injunction
Sexual 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:
(c) “Sexual violence” means any one incident of:
1. Sexual battery, as defined in chapter 794;
2. A lewd or lascivious act, as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age;
3. Luring or enticing a child, as described in chapter 787;
4. Sexual performance by a child, as described in chapter 827; or
5. Any other forcible felony wherein a sexual act is committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the state attorney.
Domestic Violence Injunctions
Whether you are the person seeking Court protection from domestic violence or the party being accused of committing acts of repeat violence, sexual violence, or dating violence, you’ll need an attorney with my experience and skill to make sure to draw out your side of the story.
What is domestic violence?
Florida law defines “Domestic violence” as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit.”
Family or household member
“Family or household member” means
- spouses
- former spouses
- persons related by blood or marriage
- persons who are presently residing together as if a family or who have resided together in the past as if a family
- persons who have a child in common regardless of whether they have been married or have resided together at any time.
Injunctive Relief
A person can file an injunction to prevent a nuisance.
386.041 Nuisances injurious to health.
(1) The following conditions existing, permitted, maintained, kept, or caused by any individual, municipal organization, or corporation, governmental or private, shall constitute prima facie evidence of maintaining a nuisance injurious to health: (a) Untreated or improperly treated human waste, garbage, offal, dead animals, or dangerous waste materials from manufacturing processes harmful to human or animal life and air pollutants, gases, and noisome odors which are harmful to human or animal life. (b) Improperly built or maintained septic tanks, water closets, or privies. (c) The keeping of diseased animals dangerous to human health. (d) Unclean or filthy places where animals are slaughtered. (e) The creation, maintenance, or causing of any condition capable of breeding flies, mosquitoes, or other arthropods capable of transmitting diseases, directly or indirectly to humans. (f) Any other condition determined to be a sanitary nuisance as defined in s. 386.01. (2) The Department of Health, its agents and deputies, or local health authorities are authorized to investigate any condition or alleged nuisance in any city, town, or place within the state, and if such condition is determined to constitute a sanitary nuisance, they may take such action to abate the said nuisance condition in accordance with the provisions of this chapter.