Not every threat comes from a partner or family member. The neighbor whose disputes have turned physical. The former friend who will not stop showing up. The coworker whose harassment has crossed into violence. Florida’s domestic violence injunction cannot reach these people — its protections require a domestic relationship — but the repeat violence injunction under § 784.046 can. It is the protective order for everyone outside the household, and it has its own distinct requirements that decide cases. The Law Office of John Vernon Moore, P.A. brings over 89 years of combined experience to injunction cases on both sides throughout Brevard County.
If you are in immediate danger, call 911. The Florida Domestic Violence Hotline, 1-800-500-1119, can also help you find local resources any hour.
What Qualifies as Repeat Violence
The statute is precise, and the precision is where petitions live or die. Repeat violence means two incidents of violence or stalking, one of which must have occurred within 6 months of filing, directed against the petitioner or the petitioner’s immediate family member. Violence carries its criminal-law meaning: assault, battery, sexual assault, sexual battery, stalking, aggravated versions of each, kidnapping, or false imprisonment. Two genuine incidents must be proved — one incident, however frightening, is not repeat violence (though it may support a different injunction), and general hostility, insults, or unpleasantness are not violence at all. Each incident needs the qualities of a provable event: a date, a place, conduct that meets a statutory definition, and evidence behind it.
Repeat Violence vs. the Other Injunctions
Choosing the right vehicle matters more here than anywhere else in injunction practice:
- If the parties are family, household members, or share a child — the domestic violence injunction applies instead, with broader remedies.
- If the parties dated within 6 months — the dating violence injunction is the fit.
- If the conduct is following, harassing, or cyberstalking without physical violence — the stalking injunction requires no violence at all and only a course of conduct; two stalking incidents can also satisfy repeat violence.
- If the conduct is sexual — the sexual violence injunction is available on a single incident.
Courts deny petitions filed under the wrong statute even when the underlying facts are serious. Part of what counsel adds is simply filing the right case — or filing in the alternative where relationships are ambiguous.
The Process: Same Speed, Same Stakes
Repeat violence injunctions follow the fast track common to all Florida protective orders: a sworn petition filed with the Clerk — free of charge, at the Moore Justice Center in Viera, Titusville, or Melbourne for Brevard County cases — same-day ex parte review, a temporary injunction up to 15 days where immediate danger appears, and a final hearing where both sides are heard. The mechanics are detailed on our how to get an injunction page and what happens at the hearing. A final repeat violence injunction orders no contact and no violence, bars the respondent from the petitioner’s home, work, and school, and — like all Florida injunctions — carries firearms consequences and criminal penalties for violation. What it does not include are the domestic injunction’s family remedies: no timesharing provisions, no support, no exclusive use of a shared home, because the statute assumes no household to divide.
Building — or Defending — the Two-Incident Case
For petitioners, the case is a documentation exercise: police reports (call 911 during incidents — the report becomes evidence), photographs of injuries or property damage, medical records, texts and messages, and witnesses to either incident. The 6-month clock on the second incident makes timing strategic: waiting too long can forfeit the claim. For respondents, the two-incident structure creates real defenses — the incidents alleged may not meet the statutory definition of violence, may rest on nothing but the petitioner’s characterization, or may be one event repackaged as two. Neighbor and coworker disputes also generate dueling petitions, and judges sort credibility with documentation. With over 89 years of combined experience, our team prepares both petitions and defenses to the standard these expedited hearings demand — see defending against an injunction for the respondent’s side.
My neighbor threatened me once. Can I get a repeat violence injunction?
One incident is not repeat violence — the statute requires two, one within 6 months of filing. But depending on the conduct, a stalking injunction (course of conduct, no violence required) may fit, and a qualifying threat can constitute assault. The right vehicle depends on the specific facts.
Do both incidents need police reports?
No — but each incident needs evidence a judge can credit. Police reports are the strongest anchor; texts, photos, medical records, and witnesses also carry weight. A petition built only on general assertions is the kind most often denied.
Can I get this injunction to protect my child from another adult?
Yes. The statute covers violence against the petitioner or the petitioner’s immediate family member, and a parent may petition on behalf of a minor child against, for example, an adult neighbor or acquaintance.
How long does a repeat violence injunction last?
Whatever term the court sets — a fixed period or indefinite. Either party can later move to modify or dissolve it on changed circumstances. Violating it while it stands is a criminal offense, covered on our violation of injunction page.
The Right Injunction, Filed Right
Repeat violence cases turn on statutory precision and documentation — both sides need counsel who knows the difference between a strong petition and a sympathetic story. The Law Office of John Vernon Moore, P.A. serves clients throughout Melbourne, Palm Bay, Viera, and Titusville. Call (321) 529-7777 or schedule a consultation.