A repeat violence injunction under section 784.046 covers people who are not family, not living together, and not in a dating relationship: neighbors, coworkers, former friends, and acquaintances. Because there is no relationship requirement, it fills the gap left by the domestic violence statute, and because it is built on a precise two-incident formula, it is one of the most defensible of all the injunctions when the facts are tested.
The statute is specific. The petitioner must prove two incidents of violence or stalking committed by the respondent, at least one within six months of filing the petition, directed at the petitioner or the petitioner’s immediate family member. Both halves matter: two qualifying incidents, and the timing of at least one of them.
The Two-Incident Requirement
The single most important feature of a repeat violence case is that one incident is never enough. The law requires two separate acts that each qualify as violence or stalking, and a petition that describes one serious event plus a series of arguments, unpleasant texts, or generalized fear does not satisfy the statute.
| Element | Requirement |
|---|---|
| Two incidents | Two separate acts of violence or stalking by the respondent; one act is not enough |
| Timing | At least one of the two incidents must be within six months of filing the petition |
| Target | Directed at the petitioner or the petitioner’s immediate family member |
| Qualifying conduct | Assault, battery, sexual battery, stalking, kidnapping, false imprisonment, or a criminal offense causing injury |
No family, household, or dating relationship is required. These injunctions are among the most frequently overturned on appeal when the two-incident or timing requirements are not met.
I defend the respondent, the person served with the petition, not the petitioner. Two things make this work fit my practice. I handle the criminal cases that so often run alongside an injunction, from domestic violence battery to stalking, so I can coordinate both rather than let a fast injunction hearing damage the criminal case. And I came up through civil practice on the personal injury side, so the civil rules these hearings run on, the depositions, the discovery, and the evidence, are familiar ground. Where another lawyer is the better fit, I will say so and refer it. Learn more about my background.
Why the Record Matters
Repeat violence petitions are filed quickly and often loosely, and trial courts under time pressure sometimes grant them on facts that do not meet the statute. That is exactly why these orders are reversed on appeal more than most, but an appeal is a long and costly way to fix a problem that can be won at the hearing. Building a clear record, showing that there were not two qualifying incidents, or that the second one falls outside the window, or that the conduct was not violence as the statute defines it, is the better path.
The conduct definition does real work here. Words, insults, and ordinary friction between neighbors or coworkers are not violence. Holding the petitioner to proof of two actual qualifying acts, by competent and substantial evidence, is the center of the defense.
Neighbors, Coworkers, and the Misuse of the Process
Repeat violence petitions grow out of the disputes that do not fit any other category: a feud between neighbors, a property-line or homeowners-association fight, friction between coworkers, or a friendship that ended badly. Because the statute requires no family, household, or dating relationship, it is easy to reach for, and that ease is exactly why it is also easy to misuse as a weapon in an ordinary quarrel.
The two-incident requirement and the narrow definition of violence are the guardrails that keep the statute from swallowing every neighborhood dispute. The frequency with which these orders are reversed on appeal reflects how often trial courts, under time pressure, grant them on facts that do not meet those guardrails. Building a clear record at the hearing, rather than counting on an appeal, is the better way to hold the line.
How a Repeat Violence Injunction Is Defended
The defense follows the statute element by element. Counting the incidents and testing whether each one truly qualifies as violence or stalking often reduces the case to a single act, which is not enough. Checking the timing knocks out petitions where neither qualifying incident, or only an old one, falls within six months. And cross-examining the petitioner on the specifics frequently shows that what is described is conflict, not violence.
As with every injunction, slowing the case down to investigate and depose, rather than walking into a hearing days after being served, is what makes that defense possible. Where a related criminal charge exists, the two are coordinated so the injunction hearing does not undercut the criminal case.
Common Questions
What is repeat violence in Florida?
Under section 784.046, it is two incidents of violence or stalking committed by the respondent, at least one of which must have happened within six months of the petition, directed at the petitioner or the petitioner's immediate family member. No family or romantic relationship is required, so it covers neighbors, coworkers, and former friends.
Is one incident enough?
No. Repeat violence requires two separate qualifying incidents. A single act, no matter how serious, does not meet the statute, and one of the two incidents must fall within the six months before filing. This two-incident requirement is where many of these petitions fail.
What counts as violence?
Assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense that causes physical injury or death. General rudeness, an argument, or hurt feelings do not qualify.
Why are these overturned so often?
Because the two-incident requirement and the definition of violence are strict, and trial courts sometimes grant petitions on thinner facts than the statute allows. Repeat violence injunctions are among the most frequently reversed on appeal, which is a reason to build the record carefully at the hearing.
Will I lose my firearms?
A final repeat violence injunction triggers the firearm surrender and prohibition, and possessing a firearm or ammunition while subject to a stalking or domestic violence injunction is a separate crime. The consequences track those of a domestic violence injunction even though no domestic relationship is involved.
Related: Injunctions and protective orders overview, Dating violence injunctions, Stalking and cyberstalking injunctions, The injunction hearing, and About Rory Safir.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Injunctions for protection are civil proceedings governed by chapters 741, 784, 825, and 790, Florida Statutes, and the Florida Family Law Rules of Procedure, and the law can change, so it should be confirmed against current statutes and rules. Violating an injunction is a separate criminal offense. Every case turns on its own facts, and past results do not guarantee a similar outcome.
