PROVIDING HOPE

October Spotlight!

Clerks provide HOPE for domestic violence survivors every day!

"Domestic Violence" means any aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking or any criminal offense resulting in a physical injury or death of one of the family or household member by another who is or was residing in the same single dwelling unit.

"Violence" means any assault, battery or sexual battery or stalking by a person against any other person.

HOW YOUR CLERK'S OFFICE CAN HELP YOU FILE A PETITION FOR INJUNCTION

During normal working hours, a Petition for Injunction can be filed with the Clerk’s office. Once the forms are completed, the clerk will file the petition and notify the judge’s office. The judge may enter a Temporary Injunction and Notice of Hearing will be entered, or set it for hearing without a temporary injunction.

What are the circumstances to obtain an injunction?

    • Definition: “Domestic violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
If you are the victim of domestic violence, you may seek a restraining order if the violator:
    • Resides with you,
    • Has lived with you in the past as a member of the family, such as a spouse, former spouse, person related by blood or marriage,
    • Is a person who has lived together with you as though he/she was your spouse,
    • Is a person with whom you have had a child, even if you have never lived together.
If you are the victim of repeat violence, you may seek a restraining order if:
    • You and respondent are not related by blood,
    • You and respondent have no children together,
    • You and respondent have never lived together, and
    • There are two incidents of violence.

MORE HELP ON PETITIONS FOR INJUNCTION...
 
If you are the victim of sexual violence you may seek a restraining order if:
  • You have reported the sexual violence to a law enforcement agency and are cooperating in any criminal proceeding against the respondent
  • The respondent who committed the sexual violence was sentenced to a term of imprisonment in state prison and the term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed.
If you are the victim of dating violence, you may seek a restraining order if:
  • The dating relationship existed within the last six months
  • The nature of the relationship is characterized by the expectation of affection or sexual involvement between the parties
  • The frequency and type of interaction must be based on the party’s involvement over time and on a continuous basis during the course of the relationship
If you are a victim of stalking, you may seek a restraining order if:
  • Stalking is defined in the State of Florida as "willfully, maliciously, and repeatedly following, harassing or cyberstalking" another
  • Stalking behaviors can consist of many things actual physical following of a person, continuously calling or texting, e-mailing, leaving notes or sending letters, leaving or sending objects or "gifts"...
  • Essentially, a pattern of unwanted behavior with malicious intent. Stalking involves a pattern of behavior that causes substantial emotional distress to a specific person with no legitimate purpose.

What happens after an injunction is signed?
  • A hearing must be scheduled and the violator must be personally served with the following:
  • Copy of the Petition
  • Notice of Hearing
  • Temporary Injunction
The formal hearing will be scheduled for the next available court session. You must attend the hearing or the injunction will be dismissed. Local law enforcement agencies are noticed of all injunctions.

Terms

"Domestic Violence" means any aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking or any criminal offense resulting in a physical injury or death of one of the family or household member by another who is or was residing in the same single dwelling unit.

"Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together, as a family, or who have resided together in the past, as a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time.

"Violence" means any assault, battery or sexual battery or stalking by a person against any other person.

"Repeat Violence" means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which is directed against the petitioner or the petitioner's immediate family member.

An "Injunction for Protection", also referred to as a "Restraining Order", is a court order which places restrictions on a person who has committed acts of violence against another person as defined in the previous two sections. The Injunction for Protection may include, but is not limited to, provisions which restrain the abuser from further acts of violence; order the abuser to leave your household; prevent the abuser from coming to your home, school, business, or place of employment; award custody of minor children and order the abuser to pay support.