Domestic violence is defined in Florida Statute 741.28 as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. The court may issue an injunction for protection against domestic violence when the petitioner is either a victim of domestic violence as defined in Section 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of domestic violence.
Upon a showing of either of these factors, a petitioner may be granted a temporary or a final injunction against the respondent. A temporary injunction provides immediate protection from the aggressor and stays in effect for a period of fifteen days or until a full hearing can be held, whichever comes first. A temporary injunction is issued based solely on information presented by the petitioner. At the final hearing, a judge will ultimately determine whether to issue a Final Judgment of Injunction for Protection Against Domestic Violence after reviewing all of the evidence presented.