Step- by-Step Guide to the Injunction Process

Domestic Violence Call

If you are a victim of Domestic Violence:

* Call 911 immediately. When the police officers or deputies get to the scene, show them any physical injuries you may have suffered.
* Your injuries can be photographed at the scene. You may also ask that they be photographed again a few days later at the Sheriffs Department to have a record of the progress of the injuries.
* Law enforcement officers will give you a notice of legal rights. At your request, they will make arrangements to take you to the closest Domestic Violence Shelter.

Injunction for Protection Against Domestic Violence

* An Injunction for Protection Against Domestic Violence is a Court Order which forbids the batterer to commit any more acts of violence against you. You do not need a lawyer to get an Injunction. However, lawyers may be available through Legal Services of North Florida. (See back panel for contact number).

Important

The State Attorney’s Office in your county operates cellular phone program for victims of domestic violence. If you qualify for the program, you will be given a phone which is programmed to dial 911 with the touch of a button whenever you are in trouble.

Getting an Injunction for Protection Against Domestic Violence:

* Go to the Office of the Clerk of Courts at your local Courthouse and ask for the Domestic Violence Division.
* Tell the clerk you need an Injunction for Protection Against Domestic Violence, and he/she will give you a Petition for Injunction.
* The clerk will give you verbal and written directions on how to fill out the Petition.
* In the Petition, be very specific about the reason(s) why you need an Injunction. Give a detailed account of all violent episodes, including dates, injuries suffered, names of witnesses and all weapons owned by the batterer.
* If you need financial support for you and your children, or if you need to have use and possession of the house, make sure you make those requests in the petition.
* If you are having trouble filling out the petition, bring a family member or a friend you can trust with you. As a general rule, victim advocates and shelter counselors are not allowed to assist you in filling out the petition.
* There is no cost to file an Injunction.
* If the Judge finds that you have alleged enough evidence to prove that you are in danger of being harmed physically, he or she will issue a temporary injunction which is valid for up to 15 days.

What happens after the Temporary Injunction is granted:

* The clerk will set a hearing for a permanent injunction and provide you with a “notice of hearing” and a certified copy of the temporary injunction order.
* The deputy clerk will forward the temporary injunction to the Sheriff’s office and the batterer will be served with a copy and a “notice of hearing.”
* The injunction will go into effect as soon as it is served upon the batter.
* In some cases, even if the temporary injunction is denied, you may still be entitled to a hearing to determine your eligibility for a permanent injunction.
* At the permanent injunction hearing, the judge will consider issues such as support for you and/or your children, child custody and exclusive use and possession of the home. The judge may also grant other forms of relief depending on the case.
* Bring with you any documents which can help the judge get a clear picture of what is going on. These documents can include a copy of the report of the incident, pictures of injuries, hospital reports and/ro bills incurred for treatment of injuries, etc. You may also bring witnesses to testify on your behalf.
* If the permanent injunction is granted, the judge should also order that the firearms be turned in to a law enforcement agency because it is a violation of state and federal law for anyone who has an injunction for domestic violence entered against them to possess a firearm. Report any violations to law enforcement.
* Once the permanent injunction is granted, the clerk will give you a certified copy of the injunction order. Keep a copy of the injunction with you at all times.

What you should know about the Permanent Injunction:

* The injunction is valid throughout the state of Florida and any other state within the territory of the United States of America, including Indian territories. This is true regardless of the County where the injunction was issued.
* If the injunction is violated you can call law enforcement to have the injunction enforced and/or fill out an affidavit of violation at the sheriff’s office.
* A permanent injunction can now be issued for a definite period of time or an indefinite period of time.
* Either you or the batterer can petition the court to have the injunction modified or dismissed.
* It is up to the judge to decide whether the injunction should be modified or dismissed.

Criminal Procedure

* If the batterer is still at the scene when the officers respond to the 911 call, they can arrest the batterer if there is enough evidence (probable cause) that a crime of domestic violence was committed.
* Even if the batterer is gone, if there are visible signs of violence, a warrant may be issued for his/her arrest.
* You may also go to the Police or Sheriff’s Department and press criminal charges against the batterer.
* The prosecutor, not you, decides whether the charges should be dropped.
* Give the prosecutor the names of any witnesses and how to contact them.
* Show the prosecutor any medical records and pictures of your injuries if they are available.
* Ask the prosecutor to notify you if the batterer is getting out of jail.