Sexual Violence Injunction

How is Sexual Violence defined? 

1. Sexual battery; 
2. A lewd or lascivious act, committed upon or in the presence of a person younger than 16 years of age; 
3. Luring or enticing a child; 
4. Sexual performance by a child; 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. 

Who can petition for an Injunction of Protection? 

• Victims of sexual violence; or 
• The parent or legal guardian of an affected child.  

Note: Individuals can only petition for an Injunction under Sexual Violence if: 

1. The victim or victim’s parent/legal guardian 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 perpetrator 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 perpetrator’s term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed.