Repeat Violence Injunctions

Repeat Violence Injunctions
Quick answer: A repeat violence injunction in Florida generally requires proof of two separate incidents of violence or stalking, with one incident within the last 6 months. These cases move quickly, and the court focuses on credible, specific evidence—whether you are seeking protection or defending against allegations.

If you are experiencing violence or stalking by someone who is not a family or household member, Florida law may allow you to request a court order known as an injunction for protection against repeat violence.
Under Florida Statute § 784.046, a petitioner usually must prove two separate incidents of violence or stalking, and one must have occurred within 6 months of filing.

The person asking for protection is the petitioner. The person accused is the respondent. Both sides have rights in court, and the outcome often depends on how clearly the evidence is presented.
For an overview of all injunction types, visit our main restraining orders and injunctions hub.

 

What the Court Considers “Violence”

Florida’s repeat violence statute uses a broad definition of “violence,” including offenses such as assault, battery, stalking, kidnapping, false imprisonment, and other criminal conduct that results in physical injury or death. See
§ 784.046(1)(a), Florida Statutes.

At the same time, courts generally will not enter a final order just to “keep the peace.” Insults, rude gestures, or unwanted (but non-threatening) contact often falls short unless it is tied to a credible threat or conduct that supports a well-founded fear of imminent violence.

 

Florida repeat violence injunction lawyer help

Who These Cases Commonly Involve

Repeat violence petitions often come up between people who are not in a domestic relationship, such as:

  • Neighbors
  • Coworkers
  • Roommates
  • Schoolmates
  • Friends or acquaintances
  • Employers and employees

If the underlying allegations involve assault or battery concepts, you may also find it helpful to review our assault and battery defense page.

How to Build or Challenge the Evidence

The judge must base the ruling on competent, substantial evidence. In many cases, that can include sworn testimony—especially when it is detailed, consistent, and supported by documentation.
Helpful evidence may include:

  • Police reports or incident numbers (when available)
  • Text messages, emails, social media messages, or call logs
  • Photos of injuries or property damage
  • Witnesses with first-hand knowledge
  • Security camera footage

A key issue is whether the incidents are truly separate. Multiple acts arising from a single uninterrupted event are often treated as one incident. However, Florida appellate courts have found that incidents separated by time and location—even minutes apart—may qualify as separate events in some circumstances. See Levy v. Jacobs, 69 So. 3d 403 (Fla. 4th DCA 2011).

Penalties for Violating a Repeat Violence Injunction

Even though an injunction is a civil order, violating it can trigger criminal charges. Florida law provides penalties for willful violations of repeat violence injunctions in
Florida Statute § 784.047.
Depending on the circumstances and any prior convictions, a violation can be charged as a misdemeanor or a felony.

Courts may also award monetary damages in certain cases, including costs and attorney’s fees related to enforcement.

Why Legal Guidance Often Matters

Many people assume they can simply “tell their story” at the hearing. But these hearings move fast, and judges typically focus on specific facts and credible proof—not general conclusions, assumptions, or hearsay.
An attorney can help you:

  • Organize evidence into a clear timeline
  • Prepare testimony that is specific and consistent
  • Present exhibits properly to the judge
  • Cross-examine witnesses effectively
  • Argue legal deficiencies (especially in weak or exaggerated petitions)

Repeat Violence Injunction FAQs

Do I need two separate incidents to file?

In most cases, yes. The statute generally requires two incidents of violence or stalking, and one must be within the last six months. The court will evaluate whether the events are truly separate.

Can I file if the person never physically hit me?

Possibly. Repeat violence can include stalking or conduct that supports a credible fear of imminent violence. The details and supporting evidence matter.

What happens if I’m served with a temporary injunction?

A temporary order may be entered without your input. You typically have the right to appear at the final hearing, present evidence, and challenge the allegations before any long-term order is entered.

Can an injunction be sealed or expunged later?

Injunction records are generally public, and relief options are limited. If you are concerned about long-term impact, talk with an attorney about your options and next steps.

Talk With Fighter Law

Fighter Law helps petitioners seeking protection and respondents defending against repeat violence allegations. We focus on careful preparation and professional courtroom advocacy.

Call (407) FIGHTER (344-4837) or
contact us online for a confidential consultation.


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