Serious relationships do not need a shared lease to turn dangerous. Florida recognized years ago that the boyfriend or girlfriend — current or recently former — falls into a gap: not a household member for domestic violence purposes, yet far more than the stranger or acquaintance the repeat violence statute contemplates. The dating violence injunction under § 784.046 fills that gap, protecting people from violence arising out of significant romantic relationships. The Law Office of John Vernon Moore, P.A. brings over 89 years of combined experience to these cases on both sides throughout Brevard County.
If you are in immediate danger, call 911. Confidential help is available around the clock from the Florida Domestic Violence Hotline at 1-800-500-1119 and the National Domestic Violence Hotline at 1-800-799-7233.
What Counts as a Dating Relationship
The statute draws its boundary with three factors. A dating relationship means a continuing and significant relationship of a romantic or intimate nature, evaluated by whether it existed within the past 6 months; whether it was characterized by an expectation of affection or sexual involvement; and whether the parties were involved over time and on a continuous basis. The statute expressly excludes casual acquaintance and ordinary socializing in a business or social context — a few dates, a situationship, or coworkers who flirted do not qualify. What does: the year-long relationship that just ended, the on-again-off-again partner, the ex who was serious six months ago. Where the relationship fails the test, the conduct may still support a stalking injunction or repeat violence injunction — vehicle selection is half the case. And if the couple ever lived together as a family or shares a child, the more powerful domestic violence injunction applies instead.
What Must Be Proved
A petitioner needs two showings: a qualifying dating relationship, and that they are the victim of dating violence — assault, battery, sexual assault, sexual battery, stalking, or their aggravated forms arising from the relationship — or reasonable cause to believe they are in imminent danger of becoming one. Unlike repeat violence, a single incident suffices. Unlike stalking, actual violence or its imminent threat is the core. A parent may also petition on behalf of a minor child who is the victim — a provision that matters for teenage relationships, where parents often see the danger before the teen will report it.
Process and Protections
Dating violence injunctions run on Florida’s expedited injunction track: a free sworn petition with the Clerk of Court (Moore Justice Center in Viera, Titusville, or Melbourne for Brevard County filings), same-day ex parte review, a temporary injunction up to 15 days when immediate danger appears, and a prompt final hearing — the full sequence covered on our how to get an injunction and injunction hearing pages. A final injunction orders no contact and no violence, excludes the respondent from the petitioner’s home, school, and workplace, requires firearm surrender (see firearms and injunctions), and can order counseling. Because the parties are not spouses and the statute presumes no shared household, it does not carry the domestic injunction’s support and home-exclusion remedies. Violations are crimes, enforced by arrest.
Evidence in the Age of the Relationship Archive
Dating violence cases are unusually document-rich: modern relationships generate their own evidence. Text threads, DMs, call logs, location shares, photos, and social media capture both the relationship (proving the statutory dating relationship) and the conduct (threats, admissions, apologies-that-admit). Petitioners should preserve everything — screenshots with dates and numbers visible, backed up outside the phone — and pair digital evidence with police reports, medical records, and witnesses. Respondents should preserve the same archive: complete conversations often tell a different story than excerpts, and messages showing continued friendly contact after alleged incidents, mutual hostility, or a petitioner’s motive to fabricate are the backbone of injunction defenses — see defending against an injunction. Judges at these hearings read a lot of text messages; with over 89 years of combined experience, our team knows how to present them so the judge sees the pattern, not just the pages.
We dated for three months. Does that qualify?
Possibly — the test is significance and continuity, not a minimum duration. Three months of a continuous, exclusive relationship with an expectation of affection can qualify; three months of sporadic casual dates likely does not. The petition should plead the relationship facts, not just the violence.
My ex and I broke up eight months ago. Am I too late?
For a dating violence injunction, the relationship must have existed within the past 6 months. But current conduct — following, monitoring, threats — typically fits the stalking injunction, which has no relationship time limit. The protection changes vehicles, not availability.
Can I file for my teenage daughter against her boyfriend?
Yes. A parent or legal guardian of a minor child living at home may seek a dating violence injunction on the child’s behalf. These cases require care — teens often minimize — but the statute puts the tool in parents’ hands.
Will a dating violence injunction show up on background checks?
A final injunction is a public court record and appears in databases used for many background checks, and the firearm consequences apply while it stands. For respondents, that permanence is a core reason to contest a petition rather than accept an order by default.
Fast Protection, Serious Consequences — Get It Right
Dating violence cases move in days and turn on preparation. Whether you need protection or face allegations, 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 — and call 911 first if you are in danger now.