Can You Get a Sexual Violence Injunction in Florida? What You Need to Know

Can You Get a Sexual Violence Injunction in Florida? What You Need to Know

If you or a loved one has been a victim of sexual violence, you may be considering filing for a Sexual Violence Injunction in Florida. But what does the law actually require, and what evidence do you need to present in court? As a Florida attorney, I’ve handled cases involving these injunctions, and I want to break down the key legal principles to help you understand your rights.

What is a Sexual Violence Injunction?

A Sexual Violence Injunction is a court order designed to protect victims of sexual violence from further contact or harm by the perpetrator. Unlike other types of protective orders, such as domestic violence injunctions, a sexual violence injunction can be filed even if the petitioner has no prior relationship with the respondent.

According to Florida Statutes § 784.046(2)(c), you may be eligible for a Sexual Violence Injunction if:

• You are a victim of sexual violence, as defined by Florida law (this includes sexual battery, lewd acts on a minor, or any other forcible sexual act).
• You have reported the incident to law enforcement.
• You are cooperating in any criminal investigation or proceeding related to the incident.

Do You Have to Prove an Ongoing Threat?

A common question I get from clients is: Do I have to prove that I’m still in danger? The law does not explicitly state that an ongoing threat is required. However, Florida courts have sometimes considered whether there is a continuing danger when deciding these cases.

For example, in Morrell v. Chadick, the Florida Second District Court of Appeal denied a sexual violence injunction because the petitioner failed to show an imminent threat of future harm (case summary). This suggests that while a single act of sexual violence and cooperation with law enforcement is legally required, some judges may still look for an ongoing fear of future harm when making their decisions.

Lessons from Florida Case Law

To help illustrate how courts handle these cases, let’s look at four key rulings:

1. Curtis v. Reinhardt – When an Injunction Was Granted

In Curtis v. Reinhardt, the court upheld an injunction because the trial judge found the victim’s testimony to be credible and consistent (case details). The key takeaway? Strong, consistent testimony and corroborating evidence increase your chances of success.

2. Rollins v. Rollins – When Conflicting Testimony Leads to Denial

In Rollins v. Rollins, the trial court denied an injunction because both parties provided equally credible but conflicting testimony. Since the burden of proof requires showing the violence occurred by a preponderance of the evidence, the case was dismissed (case summary).

3. Kuschnitzky v. Marasco – The Importance of Properly Reporting to Police

In Kuschnitzky v. Marasco, the injunction was denied because the petitioner had only made an anonymous call to police, which did not satisfy the legal requirement of reporting the sexual violence (case details).

4. Morrell v. Chadick – The Role of an Ongoing Threat

In Morrell v. Chadick, the court found that even though the petitioner alleged coercion, she could not provide evidence that she was still in danger. The court reversed the injunction because there was no imminent threat (case details).

How to Strengthen Your Case

If you are seeking a Sexual Violence Injunction, consider these steps to increase your chances of success:

✅ File a Formal Police Report – An anonymous call may not be enough. Ensure you obtain an official incident report from law enforcement.

✅ Cooperate Fully with Law Enforcement – This includes responding to investigators, providing statements, and being willing to testify in any criminal proceedings.

✅ Gather Corroborating Evidence – Medical records, witness testimony, text messages, or police reports can help support your claims.

✅ Document Any Threats or Contact Attempts – If the perpetrator has contacted you since the incident, this may help demonstrate an ongoing threat.

✅ Consult a Florida Injunction Attorney – Legal representation can make all the difference in ensuring your case is presented clearly and effectively.

How Fighter Law Can Help

At Fighter Law, we specialize in injunctions for protection and can guide you through the legal process. If you or someone you know needs assistance with a sexual violence injunction, contact us today for a confidential consultation.

Call us: (407) 344-4837
Visit us: Fighter Law Office in Orlando
Learn more about Florida Injunctions: Fighter Law Injunctions

Additional Resources

• Florida Injunction Forms – Florida Courts
• Victim Advocacy Support – Florida Council Against Sexual Violence
• Florida Statutes on Injunctions – Chapter 784.046

If you need help filing an injunction or defending against one, don’t wait—contact Fighter Law today to protect your rights and safety.

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