H.K. ex rel. Colton v. Vocelle

STEVENSON, Judge.

H.K., a fifteen year old high school student, filed a petition for injunction against repeat violence seeking protection from a seventeen year old classmate who had physically attacked her on school grounds. The trial court dismissed the petition, stating that “chapter 39 of the Florida Statutes preempts Florida Statute 784.046 with regard to juvenile respondents” and that the circuit court “does not have jurisdiction to impose and enforce a repeat violence injunction against a juvenile.” Because we conclude that the civil provisions of section 784.046, Florida Statutes,…