Part of Florida law regarding sexual assault includes violence against a date. Charges of assault, battery, and culpable negligence against another person include violence, sexual violence, or dating violence. Violence, according to Florida Statute 784.046, includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in a physical injury or death. Violence against a date means any of the above committed against an individual with whom you have or have had a continuing and significant relationship of a romantic or intimate nature.
Defining “Dating”
According to Florida law, the following factors must be met to be accused of dating violence:
- You must have been dating the person for at least the past 6 months
- The nature of the relationship must be characterized by the expectation of affection and/or sexual involvement between the parties
- You must have interacted with the person in the relationship on a continuous basis and frequency during the course of the relationship.
If you were only in a casual acquaintanceship, you can’t be convicted specifically of dating violence against the alleged victim, though you may still be accused of assault or battery.
Injunctions Against Dating Violence
The alleged victim who has accused you of dating violence can seek an injunction for protection against dating violence. They will typically file it with the clerk of the circuit court, who will provide them with forms and instructions for filing the petition. If an injunction is filed against you, you must not violate the order. The following actions could be considered a violation:
- Refusing to vacate the home you share with the alleged victim
- Being within 500 feet of the petitioner’s home, work, school, or specified place frequented by the petitioner
- Committing an action of repeat dating violence against the petitioner
- Commits any other violation of the injunction through unlawful threat, word, or act to do violence
- Contacts the petitioner directly or indirectly, unless the order allows indirect contact through a 3rdparty
- Comes within 100 feet of the petitioner’s vehicle
- Damages or destroys the petitioner’s personal property
- Refuses to give up firearms or ammunition if ordered to do so by the court
Violating the injunction could lead to a conviction of a 1st-degree misdemeanor, which is punishable by up to 1 year in prison and/ or a fine of up to $1,000. It could also turn into a 3rd-degree felony if you violate it 3 or more times against the same victim.