Dating Violence defense in Florida.
Dating violence in Florida usually comes up in two ways: a petition for a dating violence injunction under F.S. 784.046, or criminal charges such as assault or battery. This page explains both and how they connect. Available 24 hours a day.
What is dating violence under Florida law?
Florida uses the term most directly in F.S. 784.046, which allows a person to seek an injunction for protection against dating violence. A judge can issue a temporary injunction without notice, and a hearing is then held, generally within 15 days, to decide whether a final injunction should be entered.
The same events can also lead to criminal charges such as assault or battery. Simple assault is a second degree misdemeanor and simple battery is a first degree misdemeanor, while the aggravated versions are felonies. The injunction and any criminal case proceed on their own tracks.
Does the relationship qualify?
A dating violence injunction depends on the nature of the relationship. Whether two people were in a dating relationship as the statute defines it can be a genuine question, especially when the relationship was brief, ended some time ago, or was never clearly defined. The judge looks at evidence about the relationship as well as the conduct alleged.
The relationship question also matters on the criminal side. Whether an offense is treated as domestic violence under F.S. 741.28 depends on whether the people involved are family or household members, which is a different test from the one used for a dating violence injunction.
Evidence in dating violence matters
Dating relationships tend to leave a long digital trail. Messages, social media posts, photos, call histories and location data can support or contradict an account of what happened, and the complete record gives the judge fuller context than a few selected screenshots.
Witnesses matter too, including friends or roommates who saw parts of the relationship. Both sides can present evidence at the injunction hearing, and testimony there is given under oath.
What a dating violence injunction can affect
A final injunction can affect where a person lives, contact with children, and the right to possess firearms. It can also reach schools, workplaces or social circles the two people share, depending on the terms the judge sets. Violating an injunction is a crime.
Students and young adults are often surprised by how far these orders reach. DUI Lawyers Shield Firm offers a free case review for respondents in dating violence injunction cases and related criminal charges.
Other domestic violence defense pages
General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
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