“Protects adults and minor children. Includes: sexual battery defined (ch.794); lewd or lascivious act on child under 16 yrs., (ch.800); luring or enticing a child (ch.787); sexual performance by a child (ch.827).

Either victim, or parent or legal guardian of a minor child living at home, has standing. On behalf of (OBO) actions require: 1) reporting and cooperation; or 2) release of respondent from prison for sexual violence offense within 90 days.

Victim is the petitioner who must file a sworn petition with the court. Parent or guardian can file on behalf of a minor child.

The court shall set a hearing at earliest possible time; respondent must be personally served with both petition and temporary injunction, if any

The court is not required to state in writing the legal grounds for denial of the ex parte injunction.

Petitioner must be a victim of sexual violence, as indicated by either the incident report or the notice of inmate release. Issuance of a temporary injunction ex parte requires appearance of immediate and present danger of violence.

A temporary injunction grants relief the court deems proper, including an injunction enjoining respondent from committing any acts of violence.

The court may continue the hearing and the temporary injunction for good cause shown by any party. §784.046(2)(c)2 injunctions remain in effect 15 days following respondent’s release.

At the hearing, petitioner must prove he or she has suffered sexual violence, and must include either an incident report or notice of inmate release. Petitioner must allege he or she genuinely fears repeat violence by respondent.

A permanent injunction, if issued, enjoins respondent from committing any acts of violence, and includes other relief the court deems necessary for the protection of the petitioner, such as ordering respondent to: surrender firearms and ammunition in his or her possession; vacate a shared dwelling; and keep a specified distance from petitioner.

The court cannot issue mutual protection orders, but may enter separate ones.

Because the protection afforded by this injunction does not include children or support, its terms will not be superseded by subsequent actions affecting those issues.

Either party may move to modify or dissolve the injunction at any time. Petitioner may also move to extend. A motion to extend an injunction must be made before it expires.

The court may hold compliance hearings to ensure respondent’s compliance with terms of the injunction.

The court shall enforce violations of the injunction through civil or criminal contempt proceedings.”

• Source: Florida Courts - flcourts.gov