Injunctions for Protection

 

Injunctions are commonly called restraining orders or no contact papers.  If you would like to file for an injunction, an advocate can provide you with the forms, assist you and accompany you to the hearings.

The following information is from the  Palm Beach County Clerk of the Circuit Court:

The Domestic Violence/Repeat Violence Department (DV/RV) assists petitioners in the following manner:

• Filing for Injunctions for Protection Against Domestic Violence or Injunctions for Protection Against
• Repeat Violence or Injunctions for Protection Against Dating Violence.
• Providing simplified forms and instructions for completion and filing
• Assisting in filing Affidavits describing a violation of an injunction.
• Providing the Petitioner (the person filing) with two (2) certified copies of the Injunction entered by the Court, one of which is serviceable
  What Is Domestic Violence?

Domestic Violence as used in F.S. 741.28 - 741.31: "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 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 if a family or who have resided together in the past as if a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time.

 

What is Repeat Violence?

Violence as used in Florida Statute 784.046, means any assault, battery, 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 are directed against the petitioner or the petitioner's immediate family member.

 

What is Dating Violence?

Dating violence means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature and must have been dating within the past six months.

 

What is Sexual Violence?

Sexual violence means persons involved in sexually lewd acts, including any forcible felonies. The sexual violence must have been reported to a law enforcement agency.

 

What is Stalking?

A person who engages in a course of conduct (a series of acts over a time period) directed at a specific person, which causes substantial emotional distress to that person and serves no legitimate purpose, commits the act of stalking. This can include cyberstalking - threats delivered by electronic communication.

Stalking, as used in F.S. 784.048: “A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking…”.

 

Questions to ask yourself if you are considering an injunction:

• What can you do to increase your safety?
• Whom can you call in an emergency? (Friends, family members, neighbors, law enforcement) What are their telephone numbers?
• Where can you go to be safe?
• Will you lie or withhold information if you have to in order to protect yourself?
• Whom can you turn to for emotional support?
• Is there a support group you can join?
• Is there a friend or family member who will help?
• Is there a hotline you can call?
• What is the telephone number?

 

What Will an Injunction Do for You?

• It will legally prevent an alleged abuser from committing any further acts of violence to you or from threatening you.
• It may provide you sole possession of a dwelling you and respondent shared.
• It may restrain the respondent from going to, in or within 500 feet of petitioners’ residence, place of employment, place of school, or places you and your family frequent.
• It may provide no contact between the parties, in any manner.
• It may require the respondent attend counseling, treatment or a batterer's intervention program.
• It may require the respondent not possess a firearm or to surrender any firearms to law enforcement.
• It may address awarding temporary custody of any minor child(ren) between the parties, and visitation of the child(ren).

 

When you are ready to file a complaint and request an injunction:

Request assistance as early in the day as possible to allow enough time to complete paperwork, and for the Court to review your paperwork. Filing a request before noon increases the likelihood that an injunction may be granted the same day it is requested.

Clerk Office Locations in Palm Beach County where you can file your injunction:

Palm Beach County Courthouse
205 North Dixie Highway
West Palm Beach, FL 33401
(561) 355-2277

South County Courthouse
200 West Atlantic Avenue
Delray Beach, FL 33444
(561) 274-1400

North County Courthouse
3188 PGA Blvd.
Palm Beach Gardens, FL 33410 
(561) 624-6608

West County Courthouse
38844 State Road 80
Belle Glade, FL 33430
(561) 996-4843
or Toll Free (561)888-760-9208

 

Make sure to have the following with you:

• Police reports or referral card furnished to you by the law enforcement officer, if any.
• Driver’s license or identification which includes your picture and signature.
• Specific dates of abuse or threats of abuse.
• Specific locations where abuse or threats occurred.
• Mailing address of a friend or relative if you choose to keep your residence address "confidential" as provided by law.
• Picture of Respondent to provide to Sheriff's Department for service purposes.
   

When filling for an injunction it is important to have as much information about the respondent as possible. Try to have and provide the following information:

• Full legal name of respondent (alleged abuser).
• Physical description of respondent, including height, weight, scars, date of birth, etc.
• Current residence address of respondent, including telephone number, social security number, if possible, and driver’s license number.
• Respondent's employer and employer's address and phone number, if possible.
• Respondent's vehicle information including make, model, color, year and tag number.

 

Additional Filing Information:

There is no filing fee for an Injunction for Protection Against Domestic Violence, Repeat Violence or Dating Violence.

If the respondent is outside the State of Florida and service must be affected outside the State of Florida, you must be prepared to supply the Clerk with the following information:

Name, address and phone number of Sheriff's Department who has jurisdiction over where respondent may be found (meaning the information of what County and/or State is responsible for the respondent based on where they live and/or their legal residency).

Service fee for that County and/or State to serve a Temporary Injunction; and if that jurisdiction will accept a personal check from Petitioner for payment of service.
Petitioner will be responsible for payment of any sheriff service fees outside the State of Florida.

 

Miscellaneous Information:

As petitioner, you will be sworn under oath as to the truth of the allegations of abuse entered on your petition, under the penalty of perjury. The court will review your petition and based on the allegations of abuse determine to grant or deny the Injunction. If the court grants the injunction, there will be a hearing on the extension of that injunction within 15 days from the date of issuance of the Temporary Injunction. The clerk will process the Temporary Injunction to the Sheriff's Department who has jurisdiction over where the respondent may be found, for personal service.

The County Office of Victim Services (located at each courthouse) will assist petitioners in filling out the paperwork, which will then be filed in the Clerk's Domestic/Repeat Violence Department.