Understanding a Sexual Violence Injunction

Sexual violence encompasses any non-consensual sex act performed through force against the victim's will or when the victim is incapable of comprehending the nature of the act. It's important to note that accusations of sexual violence can also be incorrect, and individuals have the right to legal representation, both as the petitioner seeking the injunction and as the respondent facing the allegations.

An injunction for protection against sexual violence is a court order signed by a judge, enforceable by law enforcement. The petitioner, who seeks the injunction, and the respondent, the person against whom the injunction is sought, are the key parties involved. During the injunction hearing, the court meticulously examines all evidence presented, recognizing the potential adverse impact an injunction can have on the respondent's life.

What Constitutes Sexual Violence in Florida?

Sexual violence encompasses a wide range of non-consensual sexual acts. Some examples include:

• Sexual assault and/or battery

• Lewd or lascivious acts committed upon or in the presence of a person under the age of 16

• Luring or enticing a child

• Sexual performances involving a child

• Any forcible felony involving a sexual act, whether committed or attempted

To advocate for victims of sexual violence effectively, it is crucial to have an attorney who can help locate and present evidence of the violence in court. Without legal representation, there is a risk of losing the opportunity to obtain much-needed protection against further violence in Florida. Don't let this happen to you—contact us today.

Who Can Seek a Sexual Violence Injunction?

Sexual violence victims or the parent(s) of a minor who has experienced sexual violence have the right to file for a sexual violence injunction. Before a judge will grant the protective order, two requirements must be fulfilled:

1. The petitioner must have reported the incident to law enforcement.

2. The petitioner must cooperate with law enforcement in any criminal proceedings related to the sexual violence.

Due to the significant impact an injunction for protection against sexual violence can have on the respondent's life, courts exercise caution before granting such injunctions. It is strongly recommended that alleged victims of sexual violence seek legal counsel for guidance.

Defending Against Sexual Violence Allegations

If you find yourself as the subject of a sexual violence injunction in Florida, it is essential to fight to preserve your reputation and future. Victoria Law may be able to assist you. Contact us today for a free case evaluation.