Prepare your documents for Sexual Violence Injunctions in Florida

When filing for a sexual violence injunction (commonly known as a restraining order) in Florida, it is crucial to provide supporting evidence to strengthen your case. While your testimony may be enough, having additional evidence can help your petition be more compelling. Below are the types of evidence typically accepted in Florida courts when seeking a sexual violence injunction:

Evidence Type 1: Pending Criminal Case
If there is an ongoing criminal case against the respondent (the alleged perpetrator), this can be used to support your petition. Judges in Florida are more likely to grant an injunction when there is an active criminal case, especially if the defendant faces charges related to sexual violence.

Evidence Type 2: Photos of Injuries, Property Damage, or Violence

Photos showing physical injuries, trauma, or any damage resulting from the sexual violence (e.g., torn clothing, broken doors) can be compelling in court. In Florida, it helps to include descriptions of each image to ensure the judge understands the context and seriousness of the abuse. Photos may include:

• Bruises, cuts, or scratches from the assault

• Torn clothing

• Bloodstains or other physical evidence of the attack

Evidence Type 3: Print outs of Text Messages, Emails, or Voicemails

Text messages, emails, social media messages, or voicemails that include threats, harassment, or any type of communication related to the sexual violence can be used as evidence. Be sure to:

• Print or screenshot these messages

• Include the date and time of each communication

• Attach them as documents or PDFs when submitting your petition

Evidence Type 4: 911 Calls

If you called 911 during or after the incident, it is important to provide details of the call, which may include:

• The date and time of the 911 call

• Who made the call (you or someone else)

• What was said or reported during the call

• Any specific details shared with the dispatcher (e.g., voice identification, location)

• The case number or incident report from the law enforcement agency

You can obtain records of the 911 call from the Clerk of Court or the local law enforcement agency.

Evidence Type 5: Medical Records.

Medical records are critical to demonstrate that the alleged assault resulted in physical or psychological harm. You may provide:

• ER discharge papers

• Hospital records, including tests or treatments related to the assault

• Any doctor’s notes or statements on your injuries or mental health trauma

• Therapy or counseling records, if relevant

Evidence Type 6: Police reports

If law enforcement responded to the scene or if there was an investigation into the assault, you should include any police or incident reports. Police reports might contain details like:

• The officers' observations

• The respondent's actions or statements

• Any arrests or citations made

• Statements from the victim (you) and any witnesses

You can obtain copies of these reports from the local police department or sheriff's office.

Evidence Type 7: Testimony

Written statements from family members, friends, or anyone who witnessed the sexual violence or observed its aftermath can support your case. These individuals do not need to provide notarized affidavits, but their testimony should be:

• Detailed

• Include names, dates, and specifics of what they witnessed

• Pertaining to the nature of the abuse, threats, or the respondent's behavior

The more specific and comprehensive these statements are, the stronger they will be in court.

After the screening this website will guide you through the rest of the steps to creating the case documents.

Just for your knowledge: In order to apply for a sexual violence injunction (SVPO), you need to fill and submit a predefined set of official Florida court forms. These have questions aimed at understanding your situation and the people involved.

The most important form is the petition, and it's called Petition for Injunction for Protection Against Sexual Violence

After you file your petition for a sexual violence injunction, a judge in Florida may issue a Temporary Injunction for Protection (also known as an ex parte order) based on the information and evidence you provide.

This Temporary Injunction offers immediate protection, and it is designed to last until a full court hearing can be held to review the case. In many instances, the judge may issue this order on the same day you file your petition.

However, in cases where the situation appears less urgent or there is limited evidence, the judge may take a few days to issue the temporary order.

Possible Outcomes of the Petition:

• Temporary Injunction Issued Immediately: If the judge believes immediate protection is necessary, they may issue the temporary injunction on the same day you file your petition.

• Temporary Injunction Delayed: In less urgent cases, the judge may issue the order within a few days.

• Petition Denied: If the judge determines that there are no legal grounds for the injunction, the petition is incomplete, or the court lacks jurisdiction, they may deny the request. In some cases, however, the judge may still schedule a hearing for both parties to present their sides before a final decision is made.

After the Temporary Injunction is issued and served, the court will schedule a final hearing, which usually takes place within 15 days. Both you (the petitioner) and the respondent (the abuser) will have the opportunity to attend this hearing and present evidence, testimony, or any other relevant information.

During the hearing, the judge will review the following:

• Evidence submitted by both parties, including documents, photos, or any other supporting material.

• Witness testimony (if any), which can be from you, the respondent, or any other individuals who may have witnessed events related to the case.

• Any updates since the Temporary Injunction was issued, such as new incidents or actions taken by the respondent that may affect the case.