Court Advocacy
Domestic violence and sexual assault are crimes. SPARCC advocates work to help survivors navigate the court system and get the help they need to be safe.
Our advocates can help with:
- Filing criminal complaints and/or injunctions for protection (often referred to as restraining orders)
- Photographing/documentation of injuries
- Court accompaniment and support
- Crisis counseling
- Information and referrals about community and legal resources
- Victim’s compensation
- Safety planning
Florida law (FS 741.28) defines domestic violence as any assault, battery, sexual assault, sexual battery, stalking, kidnapping, or false imprisonment or any criminal offense resulting in physical injury, or death of one “family or household” member by another who is, or was, residing in the same single dwelling unit. “Family or household” members include spouses, former spouses, those related by blood or marriage, those who are or were residing in the same single dwelling unit (including same sex relationships), as well as those who have a child in common regardless of whether they have ever resided together.
An Injunction for Protection (restraining order) may order the abuser to immediately stop the violence or harassment, to leave the shared home, to avoid contact with the victim at home, work or school, to attend batterer’s intervention and/or appropriate counseling. The injunction can also provide for temporary custody (now referred to as time sharing), visitation, and child or spousal support.
You may file for an injunction against dating violence if you have been abused or reasonably believe you are in immediate danger of becoming the victim of abuse by someone you have or had a continuing and significant relationship of a romantic or intimate nature within the past six months. In Florida, if you are 18 years or older, you can obtain a protection order yourself without an adult’s permission. If you are under 18, you can get a protection order by yourself without an adult’s involvement if you are dating the abuser.
You may file for an injunction against sexual violence if you are a survivor of sexual battery, as it is defined in the Florida statutes (FS 794.011). To be eligible to file for an injunction against sexual violence, you must have reported the incident of violence to law enforcement and be cooperating in any criminal proceeding against the abuser if criminal charges are brought against him/her.
You do not have to file any other civil action (such as divorce), or call the police in order to obtain a domestic violence injunction for protection. There is NO FEE for filing a petition for an injunction for protection against domestic violence in the state of Florida.
