Not every protective injunction is a domestic violence injunction. When the people involved are not family or household members, the matching remedy is a repeat violence, dating violence, or sexual violence injunction under section 784.046. A repeat violence injunction generally requires two incidents of violence or stalking, at least one within the prior six months, while the dating and sexual violence versions have their own thresholds.
The defense work mirrors a domestic violence injunction. The petitioner still has to show conduct and, where fear is the basis, an objectively reasonable fear, and the court considers the full history rather than an isolated complaint. These injunctions carry the same firearm and record consequences, and an intentional violation is a first-degree misdemeanor under section 784.047.
If you are unsure which kind of injunction you face, the relationship between the parties is the deciding factor, and it determines whether the case runs through section 741.30 or section 784.046. The injunction for protection page covers the domestic version.
Just the injunction, with no criminal charge? This page covers the injunction as it runs alongside a criminal domestic violence case. For the full civil injunction process, and the other injunction types such as dating, repeat, sexual violence, and stalking, see Injunction and Protective Order Defense.
Three related injunctions for relationships outside the family
Section 784.046 creates protective injunctions for situations that fall outside the family or household relationship that a domestic violence injunction requires. A repeat violence injunction is available where there have been two incidents of violence or stalking, at least one within the prior six months. A dating violence injunction protects people who have been in a continuing and significant romantic relationship, judged by factors such as its nature, length, and the frequency of interaction. A sexual violence injunction is available after a reported incident of sexual violence, regardless of whether criminal charges were pursued.
The relationship between the parties is what determines which statute applies. If the people involved are spouses, former spouses, relatives, co-parents, or have lived together as a family, the case runs under the domestic violence statute, section 741.30. If they do not fit that definition, the matching remedy is one of these section 784.046 injunctions, and getting the category right matters because the threshold showing differs among them.
The standard and the defense
Like a domestic violence injunction, these injunctions can issue temporarily the same day and proceed to a return hearing within roughly fifteen days, and the petitioner must prove the qualifying conduct or, where fear is the basis, an objectively reasonable fear of imminent violence rather than a merely sincere one. The court considers the full history between the parties rather than a single isolated complaint, and a petition built on vague discomfort, stale events, or a dispute dressed up as fear can be defeated at the hearing.
The defense mirrors the domestic version. The communications, call logs, and witnesses that contradict the petition are gathered quickly, the petitioner is cross-examined and held to the statutory threshold, and any improper motive, such as advantage in a related dispute, is brought out. Because the timeline is short, the preparation has to start the moment the petition is served.
Consequences and violations
A repeat, dating, or sexual violence injunction carries consequences that closely track a domestic violence injunction. It can order no contact and a stay-away distance, restrict where you can go, require surrender of firearms and ammunition while it is in effect, and create a public record that appears on background checks and affects employment. An intentional violation of one of these injunctions is a first-degree misdemeanor under section 784.047, defended on the same intent and clarity grounds as a violation of a domestic violence injunction.
Because these orders can enter quickly and last a long time, they deserve the same serious defense as any protective injunction. The injunction for protection page covers the domestic version and the shared standard in more detail.
Common Questions
What is a repeat violence injunction?
It is an injunction under section 784.046 for people who are not family or household members, available after two incidents of violence or stalking, one within the past six months. Florida also provides dating violence and sexual violence injunctions under the same statute.
How is it different from a domestic violence injunction?
The relationship is the difference. A domestic violence injunction under section 741.30 requires a family or household member, while repeat, dating, and sexual violence injunctions under section 784.046 cover people outside that definition, such as neighbors, acquaintances, or recent dating partners.
Does violating one carry the same penalty?
Yes, an intentional violation of these injunctions is also a first-degree misdemeanor under section 784.047, and it is defended on the same intent and clarity grounds.
More in this group: the injunctions overview. Back to the domestic violence overview.
This page is general information, not legal advice, and it does not create an attorney-client relationship. Domestic violence matters in Florida are governed by Chapters 741, 784, 790, 903, and 943 of the Florida Statutes, the Florida Rules of Criminal Procedure, and the Florida Family Law Rules. The law changes and every case turns on its own facts. Past results do not guarantee a similar outcome.
