1 | A bill to be entitled |
2 | An act relating to protective injunctions; amending s. |
3 | 784.046, F.S.; limiting the application of an evidentiary |
4 | requirement with respect to injunctions for protection of |
5 | minor children; providing an effective date. |
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7 | Be It Enacted by the Legislature of the State of Florida: |
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9 | Section 1. Paragraph (a) of subsection (4) of section |
10 | 784.046, Florida Statutes, is amended to read: |
11 | 784.046 Action by victim of repeat violence, sexual |
12 | violence, or dating violence for protective injunction; powers |
13 | and duties of court and clerk of court; filing and form of |
14 | petition; notice and hearing; temporary injunction; issuance; |
15 | statewide verification system; enforcement.-- |
16 | (4)(a) The sworn petition shall allege the incidents of |
17 | repeat violence, sexual violence, or dating violence and shall |
18 | include the specific facts and circumstances that form the basis |
19 | upon which relief is sought. With respect to a minor child who |
20 | is living at home, where the party against whom the protective |
21 | injunction is sought is also a parent, stepparent or legal |
22 | guardian of the minor child, the parent or legal guardian of the |
23 | minor child seeking the protective injunction must have been an |
24 | eyewitness to, or have direct physical evidence or affidavits |
25 | from eyewitnesses of, the specific facts and circumstances which |
26 | form the basis upon which relief is sought, or other evidence of |
27 | those facts and circumstances having circumstantial guarantees |
28 | of trustworthiness. |
29 | Section 2. This act shall take effect upon becoming a law. |