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Florida Statute 784.046 | Lawyer Caselaw & Research
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE
View Entire Chapter
F.S. 784.046
784.046 Action by victim of repeat violence, sexual violence, or dating violence for protective injunction; dating violence investigations, notice to victims, and reporting; pretrial release violations; public records exemption.
(1) As used in this section, the term:
(a) “Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.
(b) “Repeat violence” means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.
(c) “Sexual violence” means any one incident of:
1. Sexual battery, as defined in chapter 794;
2. A lewd or lascivious act, as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age;
3. Luring or enticing a child, as described in chapter 787;
4. Sexual performance by a child, as described in chapter 827; or
5. Any other forcible felony wherein a sexual act is committed or attempted,

regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the state attorney.

(d) “Dating violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:
1. A dating relationship must have existed within the past 6 months;
2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
3. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.

The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.

(2) There is created a cause of action for an injunction for protection in cases of repeat violence, there is created a separate cause of action for an injunction for protection in cases of dating violence, and there is created a separate cause of action for an injunction for protection in cases of sexual violence.
(a) Any person who is the victim of repeat violence or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against repeat violence on behalf of the minor child has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence.
(b) Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child, has standing in the circuit court to file a sworn petition for an injunction for protection against dating violence.
(c) A person who is the victim of sexual violence or the parent or legal guardian of a minor child who is living at home who is the victim of sexual violence has standing in the circuit court to file a sworn petition for an injunction for protection against sexual violence on his or her own behalf or on behalf of the minor child if:
1. The person has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceeding against the respondent, regardless of whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney; or
2. The respondent who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent’s term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed.
(d) A cause of action for an injunction may be sought whether or not any other petition, complaint, or cause of action is currently available or pending between the parties.
(e) A cause of action for an injunction does not require that the petitioner be represented by an attorney.
(3)(a) The clerk of the court shall provide a copy of this section, simplified forms, and clerical assistance for the preparation and filing of such a petition by any person who is not represented by counsel.
(b) Notwithstanding any other law, the clerk of the court may not assess a fee for filing a petition for protection against repeat violence, sexual violence, or dating violence. However, subject to legislative appropriation, the clerk of the court may, each quarter, submit to the Office of the State Courts Administrator a certified request for reimbursement for petitions for protection issued by the court under this section at the rate of $40 per petition. The request for reimbursement shall be submitted in the form and manner prescribed by the Office of the State Courts Administrator. From this reimbursement, the clerk shall pay the law enforcement agency serving the injunction the fee requested by the law enforcement agency; however, this fee may not exceed $20.
(c) No bond shall be required by the court for the entry of an injunction.
(d) The clerk of the court shall provide the petitioner with a certified copy of any injunction for protection against repeat violence, sexual violence, or dating violence entered by the court.
(4)(a) The sworn petition shall allege the incidents of repeat violence, sexual violence, or dating violence and shall include the specific facts and circumstances that form the basis upon which relief is sought. With respect to a minor child who is living at home, the parent or legal guardian seeking the protective injunction on behalf of the minor child must:
1. Have been an eyewitness to, or have direct physical evidence or affidavits from eyewitnesses of, the specific facts and circumstances that form the basis upon which relief is sought, if the party against whom the protective injunction is sought is also a parent, stepparent, or legal guardian of the minor child; or
2. Have reasonable cause to believe that the minor child is a victim of repeat violence, sexual violence, or dating violence to form the basis upon which relief is sought, if the party against whom the protective injunction is sought is a person other than a parent, stepparent, or legal guardian of the minor child.
(b) The sworn petition must be in substantially the following form:

PETITION FOR INJUNCTION FOR PROTECTION
AGAINST REPEAT VIOLENCE, SEXUAL
VIOLENCE, OR DATING VIOLENCE

Before me, the undersigned authority, personally appeared Petitioner   (Name)  , who has been sworn and says that the following statements are true:

1. Petitioner resides at   (address)   (A petitioner for an injunction for protection against sexual violence may furnish an address to the court in a separate confidential filing if, for safety reasons, the petitioner requires the location of his or her current residence to be confidential pursuant to s. 119.071(2)(j), Florida Statutes.)

2. Respondent resides at   (address)  .

3.a. Petitioner has suffered repeat violence as demonstrated by the fact that the respondent has:

  (enumerate incidents of violence)  

        
        
        

b. Petitioner has suffered sexual violence as demonstrated by the fact that the respondent has:   (enumerate incident of violence and include incident report number from law enforcement agency or attach notice of inmate release)  

        
        
        

c. Petitioner is a victim of dating violence and has reasonable cause to believe that he or she is in imminent danger of becoming the victim of another act of dating violence or has reasonable cause to believe that he or she is in imminent danger of becoming a victim of dating violence, as demonstrated by the fact that the respondent has:   (list the specific incident or incidents of violence and describe the length of time of the relationship, whether it has been in existence during the last 6 months, the nature of the relationship of a romantic or intimate nature, the frequency and type of interaction, and any other facts that characterize the relationship)  

        
        
        

4. Petitioner genuinely fears repeat violence by the respondent.

5. Petitioner seeks: an immediate injunction against the respondent, enjoining him or her from committing any further acts of violence; an injunction enjoining the respondent from committing any further acts of violence; and an injunction providing any terms the court deems necessary for the protection of the petitioner and the petitioner’s immediate family, including any injunctions or directives to law enforcement agencies.

(5) Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time. The respondent shall be personally served with a copy of the petition, notice of hearing, and temporary injunction, if any, prior to the hearing.
(6)(a) When it appears to the court that an immediate and present danger of violence exists, the court may grant a temporary injunction which may be granted in an ex parte hearing, pending a full hearing, and may grant such relief as the court deems proper, including an injunction enjoining the respondent from committing any acts of violence.
(b) Except as provided in s. 90.204, in a hearing ex parte for the purpose of obtaining such temporary injunction, no evidence other than the verified pleading or affidavit shall be used as evidence, unless the respondent appears at the hearing or has received reasonable notice of the hearing.
(c) Any such ex parte temporary injunction shall be effective for a fixed period not to exceed 15 days. However, an ex parte temporary injunction granted under subparagraph (2)(c)2. is effective for 15 days following the date the respondent is released from incarceration. A full hearing, as provided by this section, shall be set for a date no later than the date when the temporary injunction ceases to be effective. The court may grant a continuance of the ex parte injunction and the full hearing before or during a hearing, for good cause shown by any party.
(7) Upon notice and hearing, the court may grant such relief as the court deems proper, including an injunction:
(a) Enjoining the respondent from committing any acts of violence.
(b) Ordering such other relief as the court deems necessary for the protection of the petitioner, including injunctions or directives to law enforcement agencies, as provided in this section.
(c) The terms of the injunction shall remain in full force and effect until modified or dissolved. Either party may move at any time to modify or dissolve the injunction. Such relief may be granted in addition to other civil or criminal remedies.
(d) A temporary or final judgment on injunction for protection against repeat violence, sexual violence, or dating violence entered pursuant to this section shall, on its face, indicate that:
1. The injunction is valid and enforceable in all counties of the State of Florida.
2. Law enforcement officers may use their arrest powers pursuant to s. 901.15(6) to enforce the terms of the injunction.
3. The court had jurisdiction over the parties and matter under the laws of Florida and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person’s right to due process.
4. The date that the respondent was served with the temporary or final order, if obtainable.
(8)(a)1. Within 24 hours after the court issues an injunction for protection against repeat violence, sexual violence, or dating violence, the clerk of the court shall electronically transmit a copy of the petition, notice of hearing, and temporary injunction, if any, to the sheriff or a law enforcement agency of the county where the respondent resides or can be found, who shall serve it upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night. An electronic copy of an injunction must be certified by the clerk of the court, and the electronic copy must be served in the same manner as a certified copy. Upon receiving an electronic copy of the injunction, the sheriff must verify receipt with the sender before attempting to serve it upon the respondent. In addition, if the sheriff is in possession of an injunction for protection that has been certified by the clerk of the court, the sheriff may electronically transmit a copy of that injunction to a law enforcement officer who shall serve it in the same manner as a certified copy. The clerk of the court is responsible for furnishing to the sheriff such information on the respondent’s physical description and location as is required by the department to comply with the verification procedures set forth in this section. Notwithstanding any other law to the contrary, the chief judge of each circuit, in consultation with the appropriate sheriff, may authorize a law enforcement agency within the chief judge’s jurisdiction to effect this type of service and to receive a portion of the service fee. A person may not serve or execute an injunction issued under this section unless the person is a law enforcement officer as defined in chapter 943.
2. When an injunction is issued, if the petitioner requests the assistance of a law enforcement agency, the court may order that an officer from the appropriate law enforcement agency accompany the petitioner and assist in the execution or service of the injunction. A law enforcement officer must accept a copy of an injunction for protection against repeat violence, sexual violence, or dating violence, certified by the clerk of the court, from the petitioner and immediately serve it upon a respondent who has been located but not yet served.
(b) A Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System is created within the Department of Law Enforcement. The department shall establish, implement, and maintain a statewide communication system capable of electronically transmitting information to and between criminal justice agencies relating to domestic violence injunctions, dating violence injunctions, sexual violence injunctions, and repeat violence injunctions issued by the courts throughout the state. Such information must include, but is not limited to, information as to the existence and status of any injunction for verification purposes.
(c)1. Within 24 hours after the court issues an injunction for protection against repeat violence, sexual violence, or dating violence or changes or vacates an injunction for protection against repeat violence, sexual violence, or dating violence, the clerk of the court must electronically transmit a copy of the injunction to the sheriff with jurisdiction over the residence of the petitioner.
2. Within 24 hours after service of process of an injunction for protection against repeat violence, sexual violence, or dating violence upon a respondent, the law enforcement officer must electronically transmit the written proof of service of process to the sheriff with jurisdiction over the residence of the petitioner.
3. Within 24 hours after the sheriff receives a certified copy of the injunction for protection against repeat violence, sexual violence, or dating violence, the sheriff must make information relating to the injunction available to other law enforcement agencies by electronically transmitting such information to the department.
4. Within 24 hours after the sheriff or other law enforcement officer has made service upon the respondent and the sheriff has been so notified, the sheriff must make information relating to the service available to other law enforcement agencies by electronically transmitting such information to the department.
5. Subject to available funding, the Florida Association of Court Clerks and Comptrollers shall develop an automated process by which a petitioner may request notification of service of the injunction for protection against repeat violence, sexual violence, or dating violence and other court actions related to the injunction for protection. The automated notice must be made within 12 hours after the sheriff or other law enforcement officer serves the injunction upon the respondent. The notification must include, at a minimum, the date, time, and location where the injunction for protection against repeat violence, sexual violence, or dating violence was served. The Florida Association of Court Clerks and Comptrollers may apply for any available grants to fund the development of the automated process.
6. Within 24 hours after an injunction for protection against repeat violence, sexual violence, or dating violence is lifted, terminated, or otherwise rendered no longer effective by ruling of the court, the clerk of the court must notify the sheriff or local law enforcement agency receiving original notification of the injunction as provided in subparagraph 2. That agency shall, within 24 hours after receiving such notification from the clerk of the court, notify the department of such action of the court.
(9)(a) The court shall enforce, through a civil or criminal contempt proceeding, a violation of an injunction for protection. The court may enforce the respondent’s compliance with the injunction by imposing a monetary assessment. The clerk of the court shall collect and receive such assessments. On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph to the State Treasury for deposit in the Crimes Compensation Trust Fund established in s. 960.21.
(b) If the respondent is arrested by a law enforcement officer under s. 901.15(6) for committing an act of repeat violence, sexual violence, or dating violence in violation of an injunction for protection, the respondent shall be held in custody until brought before the court as expeditiously as possible for the purpose of enforcing the injunction and for admittance to bail in accordance with chapter 903 and the applicable rules of criminal procedure, pending a hearing.
(10) The petitioner or the respondent may move the court to modify or dissolve an injunction at any time.
(11) Any law enforcement officer who investigates an alleged incident of dating violence shall assist the victim to obtain medical treatment if such is required as a result of the alleged incident to which the officer responds. Any law enforcement officer who investigates an alleged incident of dating violence shall advise the victim of such violence that there is a domestic violence center from which the victim may receive services. The law enforcement officer shall give the victim immediate notice of the legal rights and remedies available on a standard form developed and distributed by the Department of Law Enforcement. As necessary, the Department of Law Enforcement shall revise the Legal Rights and Remedies Notice to Victims to include a general summary of this section, using simple English as well as Spanish, and shall distribute the notice as a model form to be used by all law enforcement agencies throughout the state. The notice shall include:
(a) The resource listing, including telephone number, for the area domestic violence center designated by the Department of Children and Families; and
(b) A copy of the following statement: “IF YOU ARE THE VICTIM OF DATING VIOLENCE, you may ask the state attorney to file a criminal complaint. You also have the right to go to court and file a petition requesting an injunction for protection from dating violence which may include, but need not be limited to, provisions that restrain the abuser from further acts of abuse; direct the abuser to leave your household; and prevent the abuser from entering your residence, school, business, or place of employment.”
(12) When a law enforcement officer investigates an allegation that an incident of dating violence has occurred, the officer shall handle the incident pursuant to the arrest policy provided in s. 901.15(7), and as developed in accordance with subsections (13), (14), and (16). Whether or not an arrest is made, the officer shall make a written police report that is complete and clearly indicates that the alleged offense was an incident of dating violence. Such report shall be given to the officer’s supervisor and filed with the law enforcement agency in a manner that will permit data on dating violence cases to be compiled. Such report must include:
(a) A description of physical injuries observed, if any.
(b) If a law enforcement officer decides not to make an arrest or decides to arrest two or more parties, the grounds for not arresting anyone or for arresting two or more parties.
(c) A statement which indicates that a copy of the legal rights and remedies notice was given to the victim.

Whenever possible, the law enforcement officer shall obtain a written statement from the victim and witnesses concerning the alleged dating violence. The officer shall submit the report to the supervisor or other person to whom the employer’s rules or policies require reports of similar allegations of criminal activity to be made. The law enforcement agency shall, without charge, send a copy of the initial police report, as well as any subsequent, supplemental, or related report, which excludes victim or witness statements or other materials that are part of an active criminal investigation and are exempt from disclosure under chapter 119, to the nearest locally certified domestic violence center within 24 hours after the agency’s receipt of the report. The report furnished to the domestic violence center must include a narrative description of the dating violence incident.

(13) Whenever a law enforcement officer determines upon probable cause that an act of dating violence has been committed within the jurisdiction, or that a person has violated a condition of pretrial release as provided in s. 903.047 and the original arrest was for an act of dating violence, the officer may arrest the person or persons suspected of its commission and charge such person or persons with the appropriate crime. The decision to arrest and charge shall not require consent of the victim or consideration of the relationship of the parties.
(14)(a) When complaints are received from two or more parties, the officers shall evaluate each complaint separately to determine whether there is probable cause for arrest.
(b) If a law enforcement officer has probable cause to believe that two or more persons have committed a misdemeanor or felony, or if two or more persons make complaints to the officer, the officer shall try to determine who was the primary aggressor. Arrest is the preferred response only with respect to the primary aggressor and not the preferred response with respect to a person who acts in a reasonable manner to protect or defend himself or herself or another family or household member from dating violence.
(15) A person who willfully violates a condition of pretrial release provided in s. 903.047, when the original arrest was for an act of dating violence as defined in this section, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall be held in custody until his or her first appearance.
(16) A law enforcement officer acting in good faith under this section and the officer’s employing agency shall be immune from all liability, civil or criminal, that might otherwise be incurred or imposed by reason of the officer’s or agency’s actions in carrying out the provisions of this section.
History.s. 1, ch. 88-344; s. 70, ch. 88-381; s. 12, ch. 91-23; s. 7, ch. 94-134; s. 7, ch. 94-135; s. 14, ch. 94-170; s. 10, ch. 95-182; s. 38, ch. 95-184; s. 13, ch. 95-195; s. 1198, ch. 97-102; s. 8, ch. 97-155; s. 54, ch. 99-193; s. 21, ch. 2002-55; s. 2, ch. 2003-117; s. 1, ch. 2004-17; s. 142, ch. 2005-2; s. 1, ch. 2005-246; s. 109, ch. 2006-1; s. 2, ch. 2008-252; s. 8, ch. 2009-215; s. 2, ch. 2011-187; s. 2, ch. 2012-154; s. 297, ch. 2014-19; s. 5, ch. 2014-35; s. 3, ch. 2015-17; s. 2, ch. 2017-65; s. 9, ch. 2019-4; s. 53, ch. 2021-51; s. 2, ch. 2022-173.

F.S. 784.046 on Google Scholar

F.S. 784.046 on Casetext

Amendments to 784.046


Arrestable Offenses / Crimes under Fla. Stat. 784.046
Level: Degree
Misdemeanor/Felony: First/Second/Third

S784.046 15 - CONTEMPT OF COURT - VIOL PRETRIAL RELEASE RE DATING VIOLENCE - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

TRAFICANTE, v. LAMBERT,, 275 So. 3d 794 (Fla. App. Ct. 2019)

. . . See § 784.046, Fla. . . .

SUMNERS, v. THOMPSON,, 271 So. 3d 1232 (Fla. App. Ct. 2019)

. . . point out that while the proof necessary to obtain an injunction against dating violence under section 784.046 . . . prospect of a future act is not required to prove an injunction against repeat violence under section 784.046 . . . (2)(a) or against sexual violence under section 784.046(2)(c). . . . Section 784.046(2)(b), Florida Statutes (2018), authorizes a court to issue an injunction against dating . . . who have or have had a continuing and significant relationship of a romantic or intimate nature." § 784.046 . . . parties "have or have had a continuing and significant relationship of a romantic or intimate nature." § 784.046 . . . Thompson had an objectively reasonable fear that she was in danger of imminent harm from Sumners. § 784.046 . . .

HUSSEY, v. L. LARA, o b o J. H., 272 So. 3d 498 (Fla. App. Ct. 2019)

. . . Hussey appeals a final judgment of injunction for protection against sexual violence under section 784.046 . . . To support granting an injunction under section 784.046, Florida Statutes, a petitioner must prove the . . . The "evidentiary requirements present in section 784.046(4)(a) 1. . . .

DAILEY, v. ROTH,, 262 So. 3d 268 (Fla. App. Ct. 2019)

. . . ." § 784.046(2), Fla. Stat. (2017). . . . See § 784.046(1)(b) (defining "repeat violence"); cf. Russell v. . . .

JENNIFER MILEY O B O J. A. M. v. DUNN, BY AND THROUGH DUNN,, 264 So. 3d 219 (Fla. App. Ct. 2018)

. . . See § 784.046(2), Fla. . . . 2007) (creating a cause of action for an injunction for protection from sexual violence); see also § 784.046 . . . See § 784.046(7)(c), Fla. Fam. L. R. P. 12.610(c)(4)(B). . . . See also § 784.046(10), Fla. . . . See § 784.046(7) ; Simonik v. . . .

CALDWELL, v. CALDWELL o b o K. C., 257 So. 3d 1184 (Fla. App. Ct. 2018)

. . . ground Appellant raises for reversal is that the trial court "misconstrued" the meaning of section 784.046 . . . Appellant argues that under section 784.046(4)(a)1., which provides for an injunction for incidents of . . . upon him or her by a parent would seemingly qualify as sufficient eyewitness evidence under section 784.046 . . . Notably, section 741.30 does not contain the evidentiary requirements present in section 784.046(4)(a . . . is unclear why the parties proceeded under the assumption that this was a case brought under section 784.046 . . .

PAULSON, v. RANKART,, 251 So. 3d 986 (Fla. App. Ct. 2018)

. . . courts have interpreted the stalking statute with guidance from the repeat violence statute-section 784.046 . . . 871, 874-75 (Fla. 4th DCA 2016) (stating section 784.0485"must be read in conjunction with section 784.046 . . . [T]o define 'repeated following, harassing, or cyberstalking,' guidance can be derived from section 784.046 . . . , 148 So.3d 543, 544 (Fla. 2d DCA 2014) ("We analyze [section 784.0485 ] with guidance from section 784.046 . . . support for our holding comes from cases analyzing allegations of stalking in the context of section 784.046 . . .

C. TASH, v. J. ROGERS o b o E. R., 246 So. 3d 1304 (Fla. App. Ct. 2018)

. . . violence against Rogers, E.R., or another member of their immediate family within the meaning of section 784.046 . . . kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death ...." § 784.046 . . . petition, which are directed against the petitioner or the petitioner's immediate family member." § 784.046 . . . See § 784.046(1)(a), Fla. Stat. (listing battery as an act of violence); § 784.046(1)(b), Fla. . . . Appellant's threat did not constitute an assault or any other enumerated act of violence under section 784.046 . . .

SAGER, v. HOLGREN,, 250 So. 3d 793 (Fla. App. Ct. 2018)

. . . Appellee responds that the action brought by Appellant was governed by section 784.046, Florida Statutes . . . Appellee correctly notes that section 784.046 does not contain the same prohibition on attorney's fees . . . is permissible in actions for dating, repeat, and sexual violence injunctions brought under section 784.046 . . . rather than on his own behalf, did not establish the action as one for repeat violence under section 784.046 . . .

IN RE AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- A, 246 So. 3d 1131 (Fla. 2018)

. . . residence unknown for safety reasons pursuant to section 119.071(2)(j)1, section 741.30(3)(b)(a), section 784.046 . . .

IN RE AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- B, 246 So. 3d 1161 (Fla. 2018)

. . . filed under section 741.30, Florida Statutes; Repeat, Dating, or Sexual Violence filed under section 784.046 . . .

RODRIGUEZ, v. CITY OF SOUTH MIAMI,, 260 So. 3d 338 (Fla. App. Ct. 2018)

. . . contended that the City's petition did not satisfy the requirements for an injunction under section 784.046 . . .

KELLER, v. RAMSEYER o b o A. R. B. R., 237 So. 3d 468 (Fla. App. Ct. 2018)

. . . this evidentiary issue here because we conclude that Appellant's other claim of error based on section 784.046 . . . A.B.) , 186 So.3d 544 (Fla. 2d DCA 2015) (holding that mother failed to meet requirements of section 784.046 . . .

J. PICKETT, v. C. COPELAND,, 236 So. 3d 1142 (Fla. App. Ct. 2018)

. . . two-incident requirement was adopted based upon "guidance" from the repeat violence statute-section 784.046 . . . The statute must be read in conjunction with section 784.046(1)(b), Florida Statutes (2014), which requires . . . support for our holding comes from cases analyzing allegations of stalking in the context of section 784.046 . . . mandate "guidance" from the repeat violence provisions; and, independent of the requirements of section 784.046 . . . that support for its holding came from analyzing allegations of stalking in the context of section 784.046 . . .

LOPEZ, v. HALL,, 233 So. 3d 451 (Fla. 2018)

. . . (2013), is permissible in dating, repeat, and sexual violence injunction proceedings under section 784.046 . . . The trial court then denied Hall’s motion for attorney’s fees, holding that section 784.046 contains . . . Moreover, while section 784.046 includes no mention of attorney’s fees and costs, it does not purport . . . See § 784.046. . . . Vocelle, 667 So.2d 892, 893 (Fla. 4th DCA 1996) (“Section 784.046 creates a civil cause of action for . . . Florida Statutes (2013), may be awarded in an injunction for protection proceeding brought under section 784.046 . . . Specifically, section 784.046 is within chapter 784, titled “Assault; Battery; Culpable Negligence.” . . . Thus, to obtain an injunction for protection under section 784.046, the petitioner must establish that . . . See §§ 784.046(7)(d)(2), 784.047(1), -Fla. Stat. <2017); see also § 790.233, Fla. . . . Moreover, in concluding that section 57.105 may be applied to section 784.046 proceedings, the majority . . .

TROWELL, v. CRAWFORD,, 232 So. 3d 533 (Fla. Dist. Ct. App. 2017)

. . . See § 784.046(l)(b), Fla. Stat. (2016); Titsch v. Buzin, 59 So.3d 265, 266 (Fla. 2d DCA 2011). . . . See § 784.046(l)(b), Fla. Stat. (2016); see also Jones v. . . .

PACKAL, v. D. JOHNSON,, 226 So. 3d 337 (Fla. Dist. Ct. App. 2017)

. . . .'' § 784.046(l)(b), Fla. Stat. (emphasis added). . . .

J. KRIEBEL, v. PIEDRAHITA,, 219 So. 3d 867 (Fla. Dist. Ct. App. 2017)

. . . .” § 784.046(2), Fla. Stat. (2016). . . . .” § 784.046(1)(b). . . .

IN RE AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE, 214 So. 3d 400 (Fla. 2017)

. . . One of the comments pertaining to this proposal contends that it is in conflict with section 784.046, . . . deems proper, including an injunction enjoining the respondent from committing any acts of violence. § 784.046 . . . The comment points out that section 784.046 does not distinguish between the different forms of injunction . . . Similarly, section 784.046, Florida Statutes (2016), addresses injunctions for repeat, dating, and sexual . . . Violence, recites that “[t]he statements made under oath by Petitioner make it appear that Section 784.046 . . .

AUSTIN, v. ECHEMENDIA,, 198 So. 3d 1058 (Fla. Dist. Ct. App. 2016)

. . . injunction, and that the circuit court overlooked the fact that the definition of “violence” under section 784.046 . . . Evidentiary Hearing Austin filed a petition for injunction against repeat violence pursuant to section 784.046 . . . Section 784.046(2), . . . . petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046 . . . any criminal offense resulting in physical injury or death, by a person against any other person.” § 784.046 . . .

HALL, v. LOPEZ,, 213 So. 3d 1003 (Fla. Dist. Ct. App. 2016)

. . . Appellant an amended petition for injunction for protection against repeat violence pursuant to section 784.046 . . . Stat., the domestic violence injunction statute, section 784.046, Fla. . . . makes it plain that “nowhere in section 784.046 is there any provision for an award of sanctions against . . . Chapter 784, Florida Statutes, governs assault, battery, and culpable negligence, and section 784.046 . . . The appellee filed suit against the appellant for an injunction under section 784.046, which the trial . . .

NUILA, v. STOLP,, 188 So. 3d 105 (Fla. Dist. Ct. App. 2016)

. . . obtained against him by his former, girlfriend, Crystal Stolp (“Appel-lee”), pursuant to section , 784.046 . . .

A. DAVID, v. TEXTOR,, 189 So. 3d 871 (Fla. Dist. Ct. App. 2016)

. . . In July 2014, Textor filed an ex parte petition for protection pursuant to sections 784.046 and 784.0485 . . . The statute must be read in conjunction with section 784.046(l)(b), Florida Statutes (2014), which requires . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 205 So. 3d 1 (Fla. 2015)

. . . For further information, see Section 784.046, Florida Statutes, and Rule 12.610, Florida Family Law Rules . . . For further information, see Section 784.046, Florida Statutes, and Rule 12.610, Florida Family Law Rules . . . For further information, see section 784.046, Florida Statutes. . . .

MARTELLO, v. SCOTT,, 177 So. 3d 98 (Fla. Dist. Ct. App. 2015)

. . . Injunction for Protection Against Repeat Violence entered in favor of Debra Lynn Scott, pursuant to section 784.046 . . .

RICHARDS, v. GONZALEZ,, 178 So. 3d 451 (Fla. Dist. Ct. App. 2015)

. . . order to define “repeated following, harassing, or cyberstalking,” guidance can be derived from section 784.046 . . . petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046 . . .

PARISE, v. SELPH,, 175 So. 3d 389 (Fla. Dist. Ct. App. 2015)

. . . See also § 784.046(6)(a), Fla. Stat. . . .

FLOYD, v. GRAY,, 174 So. 3d 1034 (Fla. Dist. Ct. App. 2015)

. . . . § 784.046, Fla. Stat. (2014). . . . We believe section 784.046 contemplates such relationships inasmuch as it gives parents and legal guardians . . . domestic violence under section 741.30 instead of one for protection against dating violence under section 784.046 . . .

In AMENDMENTS TO SUPREME COURT APPROVED FAMILY LAW FORMS, 162 So. 3d 964 (Fla. 2015)

. . . Section 784.046(2)(b), Florida Statutes (2014) provides that a person who is either “the victim of dating . . . violence,” has standing to file a petition for an injunction for protection against dating violence. § 784.046 . . . Additionally, section 784.046(2)(b) provides that a parent or legal guardian has standing to petition . . . the minor child is a victim of ... dating violence to form the basis upon which relief is sought.” § 784.046 . . . For further information, see Section 784.046, Florida Statutes, and Rule 12.610, Florida Family Law Rules . . .

LEACH, v. KERSEY,, 162 So. 3d 1104 (Fla. Dist. Ct. App. 2015)

. . . statute is analyzed with guidance from the statute governing injunctions against repeat violence, section 784.046 . . . “Repeat violence” requires “two incidents of violence or stalking.” § 784.046(l)(b). . . .

PUTZIG, v. BRESK,, 183 So. 3d 1046 (Fla. Dist. Ct. App. 2015)

. . . Section 784.046(6)(c), Florida Statutes, requires a full hearing before entry of permanent injunction . . . against dating violence. § 784.046(6)(c), Fla. . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 173 So. 3d 19 (Fla. 2015)

. . . For further information, see Section 784.046, Florida Statutes, and Rule 12.610, Florida Family Law Rules . . . For further information, see Section 784.046, Florida Statutes, and Rule 12.610, Florida Family Law Rules . . . For further information, see section 784.046, Florida Statutes. . . .

CORRIE, v. KEUL,, 160 So. 3d 97 (Fla. Dist. Ct. App. 2015)

. . . An injunction entered pursuant to section 784.046, Florida Statutes, must be supported by competent, . . . any criminal offense resulting in physical injury or death, by a person against any other person.” § 784.046 . . . petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046 . . .

In A. B. a T. B. v. R. B., 186 So. 3d 544 (Fla. Dist. Ct. App. 2015)

. . . the school resource officer, she sought and obtained an ex parte injunction against him under section 784.046 . . . protective injunction is sought is also a parent, stepparent, or legal guardian of the. minor child. § 784.046 . . . or affidavits from eyewitnesses to the alleged acts, she failed to meet the requirements of section 784.046 . . . Moreover, this prerequisite is echoed by section 784.046(6)(c), which “requires a ‘full hearing,’ ” including . . . injunction granted in.this case was not supported by competent, substantial evidence as required by section 784.046 . . .

McDONOUGH, v. CARVER, v., 159 So. 3d 926 (Fla. Dist. Ct. App. 2015)

. . . Under section 784.046(2), Florida Statutes (2012), a person may obtain an injunction for protection against . . . petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046 . . .

BREWER, Sr. v. CHASTAIN,, 149 So. 3d 740 (Fla. Dist. Ct. App. 2014)

. . . Kenneth Brewer appeals the entry of a repeat violence injunction entered pursu-' ant to section 784.046 . . . there is no competent, substantial evidence demonstrating “repeat violence,” as defined by section 784.046 . . .

HAWTHORNE, v. BUTLER,, 151 So. 3d 23 (Fla. Dist. Ct. App. 2014)

. . . appellant standing to file a petition for injunction for protection against sexual violence under section 784.046 . . . Section 784.046(5), 'Florida Statutes (2014), provides, “Upon the filing of the petition, the court shall . . . no contact would not abrogate appellant’s right to obtain a sexual violence injunction under section 784.046 . . .

WYANDT, v. VOCCIO,, 148 So. 3d 543 (Fla. Dist. Ct. App. 2014)

. . . See §§ 784.046(l)(a),(b), 784.048-.0485, Fla. Stat. (2012). . . . See § 784.046(l)(b). Accordingly, we reverse. Mr. Wyandt and Ms. . . . We analyze the statute with guidance from section 784.046, which defines repeat violence as “two incidents . . . See § 784.046(l)(b); Seda, 133 So.3d at 1203 & n. 2. . . .

DROKE, v. ANDINO,, 145 So. 3d 221 (Fla. Dist. Ct. App. 2014)

. . . Section 784.046(l)(b), Florida Statutes (2013) defines repeat violence as “two incidents of violence . . . An assault qualifies as an act of violence under the statute. § 784.046(l)(a), Fla. Stat. (2013). . . .

BRANSON, v. RODRIGUEZ- LINARES,, 143 So. 3d 1070 (Fla. Dist. Ct. App. 2014)

. . . . § 784.046(l)(a) (providing that “violence” in the context of actions for injunctions for protection . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 142 So. 3d 856 (Fla. 2014)

. . . filed under section 741.30, Florida Statutes; Repeat, Dating, or Sexual Violence filed under section 784.046 . . .

M. ALDERMAN, v. A. THOMAS,, 141 So. 3d 668 (Fla. Dist. Ct. App. 2014)

. . . Section 784.046(2)(b), Florida Statutes (2012), provides in pertinent part: Any person who is the victim . . . Williams, 985 So.2d 669, 669-70 (Fla. 1st DCA 2008) (noting that “in cases of dating violence,” section 784.046 . . . See § 784.046(l)(a). . . . of “imminent danger of becoming the victim of an act of dating violence,” as required under section 784.046 . . . We note that "[s]ection 784.046(2) contains three separate and distinct causes of action” for injunctions . . .

TOUBAIL, v. WHITE,, 141 So. 3d 649 (Fla. Dist. Ct. App. 2014)

. . . . § 784.046(2)(b), Fla. Stat. (2012) (emphasis added). . . . Thus, in the absence of competent, substantial evidence to meet the requirements of section 784.046, . . . enter a permanent injunction for protection from dating violence against Toubail under these facts. § 784.046 . . . See § 784.046(l)(a), Fla. Stat. (2012). . . .

BARFIELD, v. KAY,, 140 So. 3d 703 (Fla. Dist. Ct. App. 2014)

. . . Section 784.046(10), Florida Statutes (2013), allows a court to modify or dissolve an injunction at any . . .

McCORD v. CASSADY o b o, 138 So. 3d 1135 (Fla. Dist. Ct. App. 2014)

. . . the entry of an injunction for protection against repeat violence entered on the authority of section 784.046 . . . violence, a petitioner must show that he or she has actually been the victim of repeat violence. § 784.046 . . . petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046 . . . See § 784.046(l)(b). . . . Cassady effectively abandoned her request for relief accorded by section 784.046. . . .

WILLIAMS, v. GONDER,, 133 So. 3d 657 (Fla. Dist. Ct. App. 2014)

. . . evidence as to the second act, but also, both acts do not constitute “violence” as contemplated by section 784.046 . . . Section 784.046(2), Florida Statutes (2013), creates a cause of action for an injunction for protection . . . petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046 . . . Here, as contemplated by the statute, neither of the alleged acts of “violence” satisfied section 784.046 . . . Id. § 784.046(l)(a). . . .

CANNON, v. THOMAS, JEWETT, a, 133 So. 3d 634 (Fla. Dist. Ct. App. 2014)

. . . because she did not commit two acts of violence against Appellee’s daughter, as required under section 784.046 . . . Conversely, Appellee argues that in order to protect minors, section 784.046(2), Florida Statutes (2012 . . . a cause of action for an injunction for protection in cases of repeat violence .... ” § 784.046(2), . . . “Repeat violence” is unambiguously defined in section 784.046(l)(b) as “two incidents of violence or . . . See § 784.046(l)(c), Fla. Stat. (2012) (emphasis added). . . . . §§ 741.30, 741.28, 784.046, Fla. . . .

TOUHEY, v. SEDA,, 133 So. 3d 1203 (Fla. Dist. Ct. App. 2014)

. . . support for our holding comes from cases analyzing allegations of stalking in the context of section 784.046 . . .

CHEVALDINA, v. R. K. FL MANAGEMENT, INC., 133 So. 3d 1086 (Fla. Dist. Ct. App. 2014)

. . . Injunction Against Stalking and Trespassing Section 784.046, Florida Statutes (2012), provides that a . . . The trial court, pursuant to section 784.046, may rely upon a verified pleading and affidavit, and “[ . . . an ex parte hearing, pending a full hearing, and may grant such relief as the court deems proper.” § 784.046 . . . and verified pleadings fail to form the basis upon which relief is sought in accordance with section 784.046 . . . therefore provided “incidents of violence,” i.e., stalking, as to justify an injunction pursuant to section 784.046 . . .

SCHUTT, v. M. ALFRED,, 130 So. 3d 772 (Fla. Dist. Ct. App. 2014)

. . . Section 784.046(2), Florida Statutes (2013) provides separate causes of action for an injunction for . . . between individuals who only have engaged in ordinary fraternization in a business or social context. § 784.046 . . .

In AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE, 126 So. 3d 228 (Fla. 2013)

. . . Violence — all matters relating to injunctions for protection against dating violence pursuant to section 784.046 . . . Violence — all matters relating to injunctions for protection against repeat violence pursuant to section 784.046 . . . Violence — all matters relating to injunctions for protection against sexual violence pursuant to section 784.046 . . .

UNITED STATES v. ALONZO- GARCIA,, 542 F. App'x 412 (5th Cir. 2013)

. . . . § 784.046(l)(a). Alonzo-Garcia cites our decision in United States v. . . . Section 784.046, which contains the definitions for Florida’s dating and sexual violence statute, limits . . . Stat. § 784.046(1). . . . Stat. § 784.046(1), and we decline to shoehorn its technical definition of "violence” into a generic . . .

UNITED STATES v. ROMERO- ORTIZ,, 541 F. App'x 460 (5th Cir. 2013)

. . . . § 784.046(l)(a). Romero-Ortiz points to our decision in United States v. . . . Section 784.046, which contains the definitions for Florida’s dating and sexual violence statute, limits . . . Stat. § 784.046(1), and we will not shoehorn a technical definition from a dating and sexual violence . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 113 So. 3d 781 (Fla. 2013)

. . . filed under section 741.30, Florida Statutes; Repeat, Dating, or Sexual Violence filed under section 784.046 . . . dismiss this action. c. _ The evidence presented is insufficient under Florida law (sections 741.30, 784.046 . . . domestic, repeat, dating, or sexual violence; or stalking, as required under section 741.30, section 784.046 . . .

GOUDY, v. Jo DUQUETTE,, 112 So. 3d 716 (Fla. Dist. Ct. App. 2013)

. . . Injunctive relief from repeat violence is available pursuant to section 784.046, Florida Statutes (2011 . . . the petition, which are directed against the petitioner or petitioner’s immediate family member.” § 784.046 . . . Multiple acts stemming from a single violent incident do not constitute ‘repeat violence’ under section 784.046 . . .

McNULTY G. M. v. R. DOUGLAS K. D., 111 So. 3d 231 (Fla. Dist. Ct. App. 2013)

. . . Section 784.046(6)(c), Florida Statutes (2011), requires a “full hearing” before entry of a permanent . . .

GRIM, Jr. v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 705 F.3d 1284 (11th Cir. 2013)

. . . . §] 784.046, or a foreign protection order accorded full faith and credit pursuant to [Fla. . . .

REYES, v. REYES,, 104 So. 3d 1206 (Fla. Dist. Ct. App. 2012)

. . . 2001) (affirming order denying a motion to modify or dissolve a protective injunction under section 784.046 . . .

JOHNS, v. G. PENZOTTI,, 100 So. 3d 212 (Fla. Dist. Ct. App. 2012)

. . . Section 784.046, Florida Statutes (2011), provides that a person may obtain protection against “repeat . . .

GIDDENS, v. TLSTY,, 98 So. 3d 257 (Fla. Dist. Ct. App. 2012)

. . . protection against repeat violence, entered against him at the behest of Theresa Tlsty pursuant to section 784.046 . . .

ALTER, v. G. PAQUETTE,, 98 So. 3d 218 (Fla. Dist. Ct. App. 2012)

. . . evidence did not support a finding that she committed acts of repeat violence as defined in section 784.046 . . . Section 784.046(2) allows a victim of repeat violence to petition the court for an injunction for protection . . . petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046 . . . any criminal offense resulting in physical injury or death, by a person against any other person.” § 784.046 . . .

B. YOUNG, v. D. YOUNG,, 96 So. 3d 478 (Fla. Dist. Ct. App. 2012)

. . . email or changing an email signature,” could be grounds for a repeat-violence injunction under section 784.046 . . .

KORMONDY, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 688 F.3d 1244 (11th Cir. 2012)

. . . . § ] 784.046, or a foreign protection order accorded full faith and credit pursuant to [Fla. . . .

STROGIS, v. MUTTY o b o K. A. M., 91 So. 3d 259 (Fla. Dist. Ct. App. 2012)

. . . protection against repeat violence because the petition failed to meet the legal requirements of section 784.046 . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 93 So. 3d 194 (Fla. 2012)

. . . For further information, see Section 784.046, Florida Statutes, and Rule 12.610, Florida Family Law Rules . . . For further information, see Section 784.046, Florida Statutes, and Rule 12.610, Florida Family Law Rules . . . For further information, see section 784.046, Florida Statutes. Special Notes ... . . .

GIDDENS, v. TLSTY,, 87 So. 3d 843 (Fla. Dist. Ct. App. 2012)

. . . protection against repeat violence, entered against him at the behest of Theresa Tlsty pursuant to section 784.046 . . . Section 784.046(2) creates a cause of action for “an injunction for protection in cases of repeat violence . . . petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046 . . . kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death.” § 784.046 . . . trial court’s finding of two incidents of violence or stalking required for an injunction under section 784.046 . . .

PRESTON, v. STATE, 134 So. 3d 992 (Fla. Dist. Ct. App. 2012)

. . . injunction for protection against repeat violence, sexual violence, or dating -violence pursuant to s. 784.046 . . .

SHAWVER, v. SCARVELLI,, 84 So. 3d 452 (Fla. Dist. Ct. App. 2012)

. . . See § 784.046(2)(b), Fla. . . .

CIRILLO, v. S. JONES,, 84 So. 3d 1174 (Fla. Dist. Ct. App. 2012)

. . . Section 784.046(l)(a), Florida Statutes (2011), provides in pertinent part: (1) As used in this section . . . petition, which are directed against the petitioner or the petitioner’s immediate family member. § 784.046 . . . Section 784.046(6)(a), Florida Statutes (2011), requires a full hearing prior to entering an injunction . . .

BERTHIAUME, v. B. S. a A. K., 85 So. 3d 1117 (Fla. Dist. Ct. App. 2012)

. . . Because sections 784.046(2)(a) and (c), and (4)(a) expressly authorize the entry of an injunction based . . . Section 784.046 creates causes of action for an injunction for protection in cases of repeat violence . . . Subsection 784.046(2)(a) and (c) grants standing to a parent or legal guardian to seek an injunction . . . It is apparent from section 784.046 that the primary focus of sections 784.046(2)(a) and (c) and (4)( . . . See § 784.046(2)(c)l. . . .

C. S. D. A. S. v. T. S. P. A. M. P., 82 So. 3d 1132 (Fla. Dist. Ct. App. 2012)

. . . Section 784.046, Florida Statutes (2010), establishes several causes of action for injunctions to protect . . . who have or have had a continuing and significant relationship of a romantic or intimate nature.” § 784.046 . . . any criminal offense resulting in physical injury or death, by a person against any other person.” § 784.046 . . . and who seeks an injunction for protection against dating violence on behalf of that minor child. § 784.046 . . .

BARILE, v. M. GAYHEART,, 80 So. 3d 1085 (Fla. Dist. Ct. App. 2012)

. . . See § 784.046, Fla. Stat. (2010). . . . Section 784.046(l)(b), Florida Statutes (2010), defines "repeat violence” as "two incidents of violence . . .

RANGEL, v. TORRES,, 77 So. 3d 708 (Fla. Dist. Ct. App. 2011)

. . . Torres failed to meet the legal requirements for the issuance of a permanent injunction under section 784.046 . . . violence, a petitioner must show that he or she has actually been the victim of repeat violence. § 784.046 . . . petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046 . . . any criminal offense resulting in physical injury or death, by a person against any other person.” § 784.046 . . .

LEVY, v. JACOBS,, 69 So. 3d 403 (Fla. Dist. Ct. App. 2011)

. . . Section 784.046(2), Florida Statutes (2009), creates a cause of action for an injunction for protection . . . any criminal offense resulting in physical injury or death, by a person against any other person.” § 784.046 . . . petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046 . . . This court reasoned that there was only one “incident” of violence within the meaning of section 784.046 . . . Because this case involved “repeat violence” within the meaning of section 784.046(l)(b), there was a . . .

McFARR, v. McKEE o b o J. M. J. M., 83 So. 3d 776 (Fla. Dist. Ct. App. 2011)

. . . Section 784.046(10), Florida Statutes (2009), allows the court to modify or dissolve an injunction at . . .

JONES, v. A. JACKSON,, 67 So. 3d 1203 (Fla. Dist. Ct. App. 2011)

. . . Jones argues that his actions did not constitute repeat violence under section 784.046, Florida Statutes . . . Section 784.046 provides injunctive relief from repeat violence for “two incidents of violence or stalking . . .

M. R. v. K. W., 65 So. 3d 643 (Fla. Dist. Ct. App. 2011)

. . . K.W. filed a petition for protection against sexual violence under section 784.046, Florida Statutes . . .

PARRISH, v. S. PRICE,, 71 So. 3d 132 (Fla. Dist. Ct. App. 2011)

. . . He contrasts that section with section 784.046, Florida Statutes (2010), which addresses injunctions . . .

L. SINGLETARY, v. A. GREEVER,, 62 So. 3d 700 (Fla. Dist. Ct. App. 2011)

. . . injunction for protection against repeat violence which was entered against him pursuant to section 784.046 . . . petition based on its conclusion that these two incidents qualified as repeat violence under section 784.046 . . . Section 784.046(2) creates a cause of action for an injunction for protection against repeat violence . . . any criminal offense resulting in physical injury or death, by a person against any other person.” § 784.046 . . . petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046 . . .

COFFIN, v. BRANDAU, f. k. a., 642 F.3d 999 (11th Cir. 2011)

. . . Section 784.046 also provides, with respect to restraining orders concerning repeat violence, that after . . . Ann. § 784.046(8)(a)(l) (emphasis added). . . . Ann. § 784.046 (West 2011). . . . Section 784.046 allows a petitioner to obtain an "injunction for protection in cases of repeat violence . . . Ann. § 784.046(l)(b), (2). . . . .

POWER, v. BOYLE, v. v. v., 60 So. 3d 496 (Fla. Dist. Ct. App. 2011)

. . . Andrea Power and Charles Fulford based on petitions filed by Richard and Martha Boyle under section 784.046 . . . Ful-ford under section 784.046. . . . Section 784.046 authorizes the trial court to enter injunctions for protection against repeat violence . . . petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046 . . . Fulford is not a legitimate basis for the issuance of an injunction under section 784.046. . . .

HORNE, v. ENDRES,, 61 So. 3d 428 (Fla. Dist. Ct. App. 2011)

. . . entered against him on Pamela Endres’s Petition for Injunction Against Repeat Violence under section 784.046 . . . Neither section 784.046(2) nor any other statute authorizes the no contact order, and even courts of . . . interactions fell short of a showing that would warrant an injunction against repeat violence under section 784.046 . . . Endres did not prove a single instance of “violence” within the meaning of section 784.046(l)(a). . . . petition, which are directed against the petitioner or the petitioner's immediate family member.” § 784.046 . . .

TITSCH, v. BUZIN,, 59 So. 3d 265 (Fla. Dist. Ct. App. 2011)

. . . Section 784.046(2), Florida Statutes (2009), allows a victim of repeat violence to seek a protective . . . any criminal offense resulting in physical injury or death, by a person against any other person.” § 784.046 . . . of the petition, which are directed against the petitioner or the petitioner’s immediate family.” § 784.046 . . . Titsch’s alleged behavior in the second incident fell short of the legal requirements of section 784.046 . . .

MURPHY, v. REYNOLDS,, 55 So. 3d 716 (Fla. Dist. Ct. App. 2011)

. . . Section 784.046(2), Florida Statutes (2009), creates a cause of action for “an injunction for protection . . . Repeat violence” is defined as “two incidents of violence or stalking committed by the respondent.” § 784.046 . . . sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment.” § 784.046 . . .

FUCCIO, v. DURSO,, 48 So. 3d 1011 (Fla. Dist. Ct. App. 2010)

. . . affirm the injunction as being a matter within the trial court’s equitable jurisdiction, under section 784.046 . . . record that the injunction was entered under section 741.30, Florida Statutes (2005), instead of section 784.046 . . .

FUCCIO, v. DURSO,, 48 So. 3d 1013 (Fla. Dist. Ct. App. 2010)

. . . affirm the injunction as being a matter within the trial court’s equitable jurisdiction, under section 784.046 . . . record that the injunction was entered under section 741.30, Florida Statutes (2005), instead of section 784.046 . . .

WEIMORTS, v. SHOCKLEY,, 47 So. 3d 386 (Fla. Dist. Ct. App. 2010)

. . . Because section 784.046, Florida Statutes (2009), providing for a protective injunction against dating . . .

POLANCO, v. S. CORDEIRO,, 67 So. 3d 235 (Fla. Dist. Ct. App. 2010)

. . . See §§ 741.80, 784.046, Fla. Stat. (2009) (domestic violence and repeat violence respectively). . . . that was extremely uncivil and threatening “fell short” of meeting the legal requirements of section 784.046 . . . Unfortunately, the current version of section 784.046 does not seem to permit the trial court to simply . . . Instead, section 784.046(5) requires that “[u]pon the filing of the petition, the court shall set a hearing . . . Further, nowhere in section 784.046 is there any provision for an award of sanctions against a petitioner . . . other were insufficient to support an injunction against repeat violence as provided for in section 784.046 . . . petition, which are directed against the petitioner or the petitioner’s immediate family member.” § 784.046 . . .

D. TIGER, v. MARCUS,, 37 So. 3d 986 (Fla. Dist. Ct. App. 2010)

. . . See § 784.046(2)(a), Fla. Stat. (2009). . . . .” § 784.046(l)(b), Fla. Stat. “Violence” includes an assault and a battery. § 784.046(l)(a), Fla. . . .

COFFIN, v. BRANDAU, f. k. a., 609 F.3d 1204 (11th Cir. 2010)

. . . . § 784.046. . . . Section 784.046 allows a petitioner to obtain an “injunction for protection in cases of repeat violence . . . Stat. § 784.046(1)(b), (2). . . . .

SANDERS, v. SELLERS- EARNEST,, 768 F. Supp. 2d 1180 (M.D. Fla. 2010)

. . . : (1) a verified Petition for Injunction for Protection Against Dating Violence pursuant to Section 784.046 . . .

COLARUSSO, v. LUPETIN,, 28 So. 3d 238 (Fla. Dist. Ct. App. 2010)

. . . 2001) (affirming order denying a motion to modify or dissolve a protective injunction under section 784.046 . . .

COFFIN, v. BRANDAU, f. k. a., 597 F.3d 1205 (11th Cir. 2010)

. . . . § 784.046. . . . Section 784.046 allows a petitioner to obtain an "injunction for protection in cases of repeat violence . . . Stat. § 784.046(D(b), (2). . . . .

OSTROW, v. IMLER o b o D. I. a, 27 So. 3d 237 (Fla. Dist. Ct. App. 2010)

. . . Section 784.046 provides a parent of a minor child a cause of action for an injunction against a person . . . defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age.” § 784.046 . . .

RUSSELL, v. L. DOUGHTY, v., 28 So. 3d 169 (Fla. Dist. Ct. App. 2010)

. . . Section 784.046, Florida Statutes (2008), creates a cause of action for an injunction in cases of repeat . . . violence, one of which must' have occurred within six months of filing a petition for injunction. § 784.046 . . . any criminal offense resulting in physical injury or death, by a person against any other person.” § 784.046 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE- MANAGEMENT OF CASES INVOLVING COMPLEX LITIGATION, 30 So. 3d 477 (Fla. 2009)

. . . Violence — all matters relating to injunctions for protection against dating violence pursuant to section 784.046 . . . Violence — all matters relating to injunctions for protection against repeat violence pursuant to section 784.046 . . . Violence — all matters relating to injunctions for protection against sexual violence pursuant to section 784.046 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE- MANAGEMENT OF CASES INVOLVING COMPLEX LITIGATION, 15 So. 3d 558 (Fla. 2009)

. . . Violence — all matters relating to injunctions for protection against dating violence pursuant to section 784.046 . . . Violence' — all matters relating to injunctions for protection against repeat violence pursuant to section 784.046 . . . Violence — all matters relating to injunctions for protection against sexual violence pursuant to section 784.046 . . .

MILLER, v. STATE, 4 So. 3d 732 (Fla. Dist. Ct. App. 2009)

. . . injunction for protection against repeat violence, sexual violence, or dating violence pursuant to s. 784.046 . . .

WEISZ o b o WEISZ, v. CLAIR,, 989 So. 2d 667 (Fla. Dist. Ct. App. 2008)

. . . See § 784.046(1)03), Fla. Stat. (2007). . . . . § 784.046(l)(a)-(b) (emphasis added). . . . 14, 2007, did not establish an assault under 784.011, the definition of repeat violence in section 784.046 . . .

ACEVEDO, v. M. WILLIAMS, a, 985 So. 2d 669 (Fla. Dist. Ct. App. 2008)

. . . mother’s behest, forbidding contact between Denea and Jaquinta, on the purported authority of section 784.046 . . . sexual battery as a matter of law, and has, therefore, perpetrated “sexual violence,” which section 784.046 . . . Insofar as pertinent here, section 784.046 authorizes an injunction for protection in cases of dating . . . petitioner (or the petitioner’s child or ward) is in imminent danger of suffering dating violence. § 784.046 . . . who have or have had a continuing and significant relationship of a romantic or intimate nature.” § 784.046 . . .