Florida reserves a distinct protective order for survivors of sexual violence — one built around the realities of these cases: a single incident is enough, cooperation with law enforcement matters, and protection may be needed most urgently when an offender’s prison sentence ends. The sexual violence injunction under § 784.046 is narrower in some ways than other injunctions and stronger in others, and knowing how it fits alongside the criminal process is essential. The Law Office of John Vernon Moore, P.A. brings over 89 years of combined experience to protective order cases throughout Brevard County.
If you are in immediate danger, call 911. The National Sexual Assault Hotline (RAINN) is 1-800-656-4673, and the Florida Domestic Violence Hotline is 1-800-500-1119 — both confidential, both answered around the clock.
What Qualifies as Sexual Violence
The statute defines sexual violence to include sexual battery as defined in Chapter 794; lewd or lascivious acts committed upon or in the presence of a child under 16; luring or enticing a child; sexual performance by a child; and any other forcible felony where a sexual act was committed or attempted. Two features distinguish the injunction. First, one incident is enough — no pattern or repetition requirement. Second, the statute ties into the criminal system: the petitioner must have reported the incident to law enforcement and be cooperating in any criminal proceeding, or the respondent must have been sentenced to prison for the sexual violence and be out (or due out) within 90 days. Charges need not have been filed, and an acquittal or dropped case does not bar the injunction — the civil standard differs from proof beyond a reasonable doubt.
The Release-From-Prison Pathway
The second route deserves emphasis because it protects people at a uniquely frightening moment: the offender’s release. A survivor whose attacker was imprisoned for the offense may petition when the respondent is within 90 days of release, without any new incident — the conviction itself is the foundation. Florida’s victim notification system (VINE) alerts registered victims to release dates; the injunction converts that notice into enforceable protection waiting at the gate. Families of child victims should calendar these dates years ahead — the petition can be prepared before the window opens so protection is seamless.
Who May File, and For Whom
The survivor may petition for themselves. A parent or legal guardian may petition on behalf of a minor child living at home — the statute’s most-used pathway, given how much sexual violence involves minors. Where the parties are spouses, former spouses, or household members, the domestic violence injunction is generally the broader tool and covers sexual battery within its definition of domestic violence; where the parties dated, the dating violence injunction may also apply. Counsel’s job includes choosing the strongest available vehicle — sometimes filing in the alternative — so no case fails on classification.
Process, Protections, and Enforcement
The sexual violence injunction travels Florida’s expedited track: free filing with the Clerk (Moore Justice Center in Viera, Titusville, or Melbourne for Brevard cases), same-day ex parte review with a temporary injunction where immediate danger appears, and a final hearing within roughly 15 days — the sequence detailed on our how to get an injunction and injunction hearing pages. A final order imposes no contact, excludes the respondent from the petitioner’s home, school, and workplace, requires firearm surrender (see firearms and injunctions), and can be tailored — school-zone provisions for child victims, specific locations, third-party contact bans. Violations are prosecuted criminally. For minors, testimony accommodations and courtroom protections can be requested; judges in these cases are experienced in handling child witnesses with care.
The Civil Case Beside the Criminal Case
Survivors often assume the criminal case is the protection. It is not always enough: prosecutions take years, end in pleas, or do not proceed — and a no-contact order tied to a criminal case ends with that case. The injunction is the survivor’s own case, controlled by the survivor, with a lower burden of proof and a lifespan the court sets independently. It proceeds even while charges are pending (coordinated carefully with prosecutors, since injunction hearings create testimony and cross-examination that touch the criminal case — timing strategy matters and counsel for both cases should communicate). With over 89 years of combined experience, our team coordinates protective relief with the criminal process so neither case damages the other.
The state did not file charges. Can I still get the injunction?
Potentially, yes. The statute requires reporting to law enforcement and cooperation — not charges, and not a conviction. The civil court weighs the evidence itself under a lower standard than the criminal system uses.
How is this different from a domestic violence injunction?
The sexual violence injunction covers offenders regardless of relationship — stranger, acquaintance, anyone — and adds the prison-release pathway. The domestic injunction requires a family or household relationship but carries broader remedies (home exclusion, support, timesharing). Where both could apply, choice of vehicle is strategic.
My child was the victim and the offender gets out of prison next year. When do we act?
The petition may be filed once release is within 90 days. Prepare it early — records, witnesses, and the conviction documentation can be assembled well in advance so filing happens the day the window opens and protection is in place before release.
How long does a sexual violence injunction last?
The term the court sets — often lengthy or indefinite in these cases, given the nature of the underlying conduct. Either party may later seek modification or dissolution, and the order remains enforceable by arrest as long as it stands.
Protection Built for Survivors
The legal system asks a great deal of sexual violence survivors; the injunction is one place it gives something back — direct, enforceable protection on the survivor’s own terms. The Law Office of John Vernon Moore, P.A. represents petitioners and respondents with equal professionalism throughout Melbourne, Palm Bay, Viera, and Titusville. Call (321) 529-7777 or schedule a consultation.