Jacksonville Restraining Orders are Used for Protection

Jacksonville Restraining Orders are available anyone that is a victim of violence.  A restraining is an injunction that protects the victim from any further violence.  Many Jacksonville residents believe that they must be the victim of some type of “physical violence” before they can petition the court for an injunction, but this is not true.  Violence includes the crimes of assault and stalking which do not require physical contact whatsoever.  Under Florida Statute Section 784.11, an assault occurs when a person intentionally and unlawfully threatens to do violence to the person of another coupled with the apparent ability carry the violence out.  The victim of the assault must be in fear that the violence is imminent and will readily take place.  Stalking can also result in a Jacksonville restraining order.  Under Florida Statute Section 784.048, stalking occurs when a person “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks” and other person.  The harassment must cause substantial emotional distress and fail to serve a legitimate purpose.