ANYONE WHO IS IN DANGER SHOULD CALL 911 IMMEDIATELY

The Violence Protection Division helps victims obtain injunctions for protection, commonly referred to as "restraining orders". Violence Protection staff assists victims in completing the necessary forms, explains the procedures involved in obtaining an injunction and assists with enforcement of the injunction.

List of Certified Batterers' Intervention Programs

TYPES OF INJUNCTIONS

Generally, Florida law states that a court can enter an injunction to protect the victim of violence under any of the following types of violent relationships:

Domestic Violence: Requires that the parties have lived together "as if a family" or have a child together. Petitioner must be a victim of domestic violence, or have reasonable cause to believe that violence is imminent.

Repeat Violence: Requires that the respondent have committed two incidents of violence against the petitioner or the petitioner's immediate family member, one of the incidents must have been within the past six months.

Dating Violence: Requires that the parties have had a continuing dating relationship within the past six months that involved the expectation of affection or sexual involvement. Petitioner must be a victim of violence or have reasonable cause to believe violence is imminent.

Sexual Violence: The Petitioner must be a victim of sexual violence, have reported that crime and be cooperating with law enforcement agencies; or the respondent who committed the sexual violence was sentenced and the term of imprisonment is expired or is due to expire within 90 days.

PROCEDURE TO FILE AN INJUNCTION

The Clerk of Court's Violence Protection Division provides the forms and instructions for completion. The completed petition and any other necessary forms are filed with the clerk, who will have a judge review the file as soon as possible, usually the same day. At the time the judge will determine whether to issue a Temporary Injunction with a hearing set within 15 days, set a hearing on the petition without issuing a temporary injunction, or to deny the petition. There is no fee to file an injunction or to have one served in the State of Florida.

If the victim is a minor, a parent or guardian must file on their behalf. In the case of a minor requesting an injunction against Repeat, Dating or Sexual Violence, the parent or guardian must be an eyewitness to, or have direct physical evidence of or affidavits from eyewitnesses of the facts described in the petition.

SAFECALL PROGRAM

The SafeCall program provides to victims of domestic violence or stalking the use of a cellular phone at no charge to call 911 in an emergency. Victims of domestic violence or stalking can be just a call away from emergency assistance. The SafeCall program is coordinated through the Clerk's Office and HOPE Family Services with the generous sponsorship of Alltel and AT&T Wireless.

VIOLENCE PROTECTION CONTACT INFORMATION

ADDITIONAL INFORMATION & RESOURCES

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Page updated 11/23/2004