DOMESTIC VIOLENCE/RESTRAINING ORDER/INJUNCTIONS
A Domestic Violence/Restraining Order/Injunction is a court order which directs a person to not have any contact with you. If you are a victim of any act of domestic violence or have reason to believe you are in imminent danger of becoming the victim of domestic violence, you may file a petition asking the Court for a protective order prohibiting domestic violence.
“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 by another. A petition for injunction may be obtained from the Clerk of Court and Comptroller’s Domestic Violence Department, Room 102, by applying in person. Certain eligibility requirements must be met pursuant to Chapter 741, Florida Statutes.
Because you are making a request to the Court, you are called the Petitioner. The person whom you are asking the Court to protect you from is called the Respondent.
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HOW YOUR CLERK'S OFFICE CAN HELP YOU FILE A PETITION FOR INJUNCTION
Per Administrative Order M2017-13, a petition for injunction may be filed with the Clerk’s Office, Domestic Violence Department Room 102, Monday – Friday, 8:00 a.m. to 3:00 p.m. However, we strongly encourage you to come to the Clerk’s Office, Domestic Violence Department, before 2:00 p.m. to ensure that there is enough time for the Clerk to review your documents, ask you any necessary questions, and file the petition.
All of the required documents are contained in individual packets which are available on the Clerk’s website (please see Form Packets on this page), and in person in the Domestic Violence Department, Room 102. Once the paperwork is complete, the clerk will submit the petition and any other relevant paperwork to the Judge’s office. The Judge will then review the petition and paperwork and enter the appropriate court document reflecting the Judge’s decision, which may include entry of a temporary injunction, notice of hearing, or other court documents.
There is no filing fee. However, there may be a sheriff’s service fee if the Respondent lives outside of the State of Florida. The Petitioner should verify the service fee with the other state prior to filing the case. At the time of filing, the Petitioner must provide a check or money order made payable in the amount that is provided by the other state.
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What is an injunction?
An injunction is a court order, also referred to as a restraining order, which directs a person to not have any contact with you.
Where can I obtain an injunction?
A petition for injunction may be filed with the Clerk’s Office, Domestic Violence Department Room 102, Monday – Friday, 8:00 a.m. to 3:00 p.m. However, we strongly encourage you to come to the Clerk’s Office, Domestic Violence Department, before 2:00 p.m. to ensure that there is enough time for the Clerk to review your documents, ask you any necessary questions, and file the petition.
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 notified of all injunctions.