Legal Rights for Survivors of Violence
Understanding Survivor Rights Under Florida Law
If you have experienced abuse or violence, it’s important to know that Florida law offers legal protections to support you and your family. Florida law protects victims of:
- ➔ DOMESTIC VIOLENCE
Domestic violence includes any assault, battery, sexual assault, sexual battery, stalking, kidnapping, or any other crime resulting in physical injury, caused by a: - – Spouse/former spouse
- – Person related by blood or marriage
- – Person who you are living together with as a family or have lived with as a family
- – Person with whom you have a child in common
➔ DATING VIOLENCE
Dating violence means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The relationship must have existed within the past six months.➔ SEXUAL VIOLENCE
Certain victims of sexual violence may obtain an injunction against the perpetrator. Sexual violence includes any one incident of sexual battery, a lewd or lascivious act committed on or in the presence of a person under 16 years of age, luring or enticing a child, or any other forcible felony wherein a sexual act is committed or attempted.➔ REPEAT VIOLENCE
Repeat violence means two incidents of violence or stalking committed by an abuser against the victim or the victim’s family. At least one incident must have occurred within six months of when you ask the court for help.➔ HUMAN TRAFFICKING
Human trafficking is a serious crime under both state and federal law. Victims may be subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. Florida law (Florida Statute § 787.06) makes it a felony offense to engage in, or attempt to engage in, human trafficking under specified conditions. Survivors of human trafficking are protected by law and may be eligible for social services and benefits to support their safety and recovery.
YOUR LEGAL OPTIONS
Survivors in Florida have the right to seek legal protection in several ways. This information is provided for educational purposes only and is not legal advice. For legal advice, please contact Florida Legal Services at 850-385-0611.
If you are experiencing domestic violence, another form of violence, or believe you are in immediate danger, you have the right to ask the court for legal protection from the person harming you. This legal protection is called an “injunction.”
There is no cost to file a request for an injunction. If you need help filing an injunction, or need an attorney to represent you, please call Florida Legal Services at 850-385-0611. Florida has FREE Injunction for Protection Attorneys who represent survivors in injunction hearings at no cost to the survivor, regardless of income.
An injunction against domestic violence may include an Order that:
- – Commands the “abuser to stay away from and have no contact with you
- – Awards you temporary exclusive use of the house you both share
- – Prevents the abuser from entering your home, school or place of employment
- – A wards you temporary custody of your minor children
- – Requires the abuser to pay temporary child support for you and your minor children if the abuser is the parent
- – Directs the abuser to attend a Batterer’s Intervention Program
If you have moved to Florida and have an injunction against an abuser in another state, you may give a certified copy of the injunction to a sheriff and ask the sheriff to put it into a registry so that the injunction may be enforced in this state.
If you are a victim of domestic violence, dating violence, sexual violence, or repeat violence, you may ask the state attorney to file a criminal complaint against the abuser.
If you are a victim of domestic violence and need assistance related to your legal status in the U.S., contact Florida Legal Services at 850-385-0611.
You may also call FIAC, a non‑profit legal assistance organization who provides free services to anyone in need. Call FIAC’s Miami‑area office at 1‑305‑573‑1106 or Fort Pierce‑area office at 1‑772‑489‑4660.
Not Sure Where to Start?
Help is Nearby
There are 41 certified domestic violence centers throughout Florida offering safety and support to those in need.
