Sexual Violence Injunctions old

Victims of sexual violence in Florida may seek an injunction for protection under Florida Statute § 784.046. An injunction is a civil court order signed by a judge and enforced by law enforcement.

The person requesting protection is called the petitioner. The person accused is the respondent.
Because these cases can have long-lasting effects, Florida courts typically scrutinize the facts and supporting documentation at the hearing.

Whether you are asking the court for protection or responding to allegations, our team can help you understand the process and present your position clearly.

For broader guidance, visit our main injunctions and restraining orders resource.

What the Law Covers

Sexual violence generally refers to sexual acts committed against a person’s will or against someone who cannot understand or consent to the act. Conduct alleged in these cases may include:

• Sexual battery or sexual assault
• Lewd or lascivious acts committed upon (or in the presence of) a person under 16
• Luring or enticing a child
• Sexual performance by a child
• Other forcible felonies where a sexual act is committed or attempted

Because the allegations are serious and the stakes are high, it is often important to gather evidence early and present it in a way the court can evaluate fairly.

Who Can File

Victims of sexual violence—or the parent or guardian of a minor victim—may petition the court for an injunction.
Florida law also requires two prerequisites before a judge may issue this type of protective order:

• The incident must be reported to law enforcement
• The petitioner must cooperate with law enforcement in any related criminal investigation or prosecution

These requirements exist in part because a protective order can significantly affect the respondent’s life, including future employment, housing, and reputation.

Protection When Someone Is Incarcerated or Being Released

Florida law may allow a petitioner to seek protection even when the accused person:

• Is currently incarcerated
• Is about to be released from prison
• Has already been released from custody

In some situations, the underlying incident may be older or may have occurred in another state.
What matters is whether the court has a legal basis to enter protection now and whether the evidence supports it.

Defending Yourself in Court

If you are the respondent, a temporary injunction may be entered without your input.
A final hearing is where you can challenge the allegations, present witnesses, and provide documents that put the claims in context.

Protective orders are public record, cannot be sealed or expunged, and may affect employment, housing, professional licensing, and personal relationships.
If the facts are disputed or the allegations are exaggerated, it is important to prepare your defense carefully.

FAQs

Do I need a criminal charge to request this type of protection?

A criminal charge is not required, but the incident must be reported to law enforcement and the petitioner must cooperate with any related investigation.

Can the judge enter a long-term order?

Yes. A judge may enter a final order for a defined period or, in some circumstances, indefinitely—depending on the evidence presented.

What can I do if I disagree with the allegations?

You can appear at the final hearing, present evidence, and cross-examine witnesses. Preparation matters because the court’s decision often turns on credibility and documentation.

Talk With a Florida Injunction Lawyer

Fighter Law represents both petitioners seeking protection and respondents defending against allegations. We focus on clear, professional advocacy and careful preparation for court.

To discuss your situation, call (407) FIGHTER (344-4837) or contact us online.