DOMESTIC VIOLENCE FAQs

What are injunctions for protection against domestic violence, injunctions for protection against repeat violence, injunctions for protection against dating violence and injunctions for protection against sexual violence? 

An injunction is a court order signed by a judge that can be served and or enforced by law enforcement. Injunctions for Protection Against Domestic Violence may be issued against a spouse or former spouse, a person related by blood or marriage, a person which you are presently living with or have formerly lived with, as if a family, or against someone with whom you have a child in common, regardless whether you were ever married to that person or lived with them.

If a person falling within one of the previous descriptions has committed a crime against you resulting in your physical injury, or that person has placed you in fear (with words or physical acts), and made you believe you would be immediately harmed by an unlawful act of violence, you may have grounds to ask the court for an Injunction for Protection Against Domestic Violence.

An Injunction for Protection Against Repeat Violence may be issued if someone has committed two separate acts of violence or stalking, one being within the last six months, against you. The Injunction for Protection Against Repeat Violence is available for those individuals not covered by the Domestic Violence Injunctions. These are sometimes filed against neighbors, friends, or co-workers.

Injunctions for Protection Against Dating Violence may be issued against an individual with whom you have or had a continuing and significant relationship of a romantic or intimate nature. It is determined by consideration of such facts as the dating relationship existed within the past six months, the nature of the relationship included an expectation of affection or sexual involvement and the frequency and type of interaction between you and the individual included involvement over time and on a continued basis.

Injunctions for Protection Against Sexual Violence may be issued if ONE INCIDENT of the following acts occur regardless of whether criminal charges based on the incident were filed, reduced or dismissed by the state attorney. Sexual battery, as defined in Florida Statutes Chapter 794. A lewd or lascivious act, as defined in Florida Statutes Chapter 800, committed upon or in the presence of a person younger than 16 years of age. Luring or enticing a child, as described in Florida Statutes Chapter 787. Sexual performance by a child, as described in Florida Statutes Chapter 827. Any other forcible felony wherein a sexual act is committed or attempted. It is a requirement that the sexual violence be reported to a law enforcement agency and that the person filing the petition cooperate in the investigation. A petition may be filed against a respondent who was sentenced to imprisonment for the sexual violence and who has been or will be released from incarceration. A person who is the victim of sexual violence or the parent or legal guardian of a minor child who is living at home who is the victim of sexual violence has standing in the circuit court to file a sworn petition for an injunction for protection against sexual violence on his or her own behalf or on behalf of the minor child if: The person has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceedings against the respondent, regardless of whether criminal charges based on the sexual violence have been filed, reduced or dismissed by the state attorney, or the respondent who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent's term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed.

If an injunction for protection against domestic violence, repeat violence, dating violence or sexual violence, is granted by the court, the judge may order the other party not to have contact with you and not to harm you mentally or physically.

Where do you go to obtain Injunctions for Protection Against Violence?

You may file a petition for a Protection Against Violence at several different locations.

You may complete the necessary paperwork in the Family Law Department which is located on the first floor of the George E. Edgecomb Courthouse at 800 E. Twiggs St. in downtown Tampa. The hours of operation are 8 AM until 5 PM, Monday through Friday. Petitions are accepted for filing until 5 PM. On Saturdays, Sundays and Holidays the hours are 7 AM to 10 AM and petitions are accepted for filing until 10 AM. The phone number is (813) 276-8100 Ext. 4356.

You may complete the necessary paperwork at the Plant City Courthouse Annex, located at 301 N. Michigan Avenue, Plant City, FL. The hours of operation are 8 AM until 5 PM, Monday through Friday. Petitions are accepted for filing until 4 PM. The phone number is (813) 276-8100 Ext. 4524.

If you need to file a petition for Protection Against Domestic Violence outside the hours of operation for the courthouse, you may contact local law enforcement for assistance or the Spring of Tampa Bay at (813) 247-7233 to arrange to complete the necessary paperwork at the shelter. Click here  to be linked to The Spring of Tampa Bay - a Domestic Violence Shelter servicing Hillsborough County.

What fees will need to be paid in order to file a Petition for Injunction for Protection?

As of July 1, 2003, there is no fee required to file a Petition for Injunction for Protection for Domestic Violence, Repeat Violence, Dating Violence or Sexual Violence. Please note that any information provided is a public record.

What information will the Court need to file a Petition for Injunction for Protection?

In order for the Court to determine whether there is sufficient evidence to grant an Injunction, your Petition must contain certain information. This information must include specific facts and circumstances, including dates, which convince the Court that an immediate and present danger of domestic or repeat violence exists. This information will assist the Court in determining whether or not the Respondent should be immediately restrained, without notice, from any contact with the Petitioner, pending a full hearing.

The information contained within your Petition will determine whether or not the court decides to provide you with the necessary protection as a victim of domestic or repeat violence. Other information required on the Petition will aid law enforcement agencies in locating and identifying the Respondent for the purpose of serving the appropriate paperwork (i.e., respondents physical description, date of birth, and an address where he or she can be located). You must describe any previous or pending attempts you have made to obtain an Injunction for Protection, or any other cause of action currently pending between you and the Respondent.

An Injunction for Protection is a civil matter and all information and pleadings filed in the case are a matter of public record and are open for public inspection. A copy of all paperwork you file in your case will be served upon the respondent. Do not put any addresses or phone numbers within the paperwork that you do not want the other party to have.

You may keep your address confidential if you are filing a Domestic Violence or Sexual Violence case if you so request. There is a form available for you to complete.

You must provide proof of law enforcement involvement in cases related to sexual violence and attach an incident report created by a law enforcement agency or a notice of inmate release. You will be required to sign, under oath, all the paperwork you complete.

What happens after I file the Petition?

The Clerk's Office will forward the file to a judge. The judge will review the Petition, along with all the attachments, and render a decision. You will be asked to contact the Clerk's Office to find out the decision of the judge. The Court will rule whether your Petition meets the necessary criteria for the issuance of a Temporary Injunction. If you are granted a Temporary Injunction, the Court will schedule a hearing within 15 days from the date the Petition was filed.

After a judge has rendered a decision on the Petition, what happens next?

Once the judge has rendered a decision, all the paperwork will be returned to the Clerk for processing. The Clerk will provide you with two (2) certified copies of the Temporary Injunction and Notice of Hearing. You must return to the Clerk's Office to pick up these copies. You should keep these copies with you at all times. If the Respondent comes near you at any time prior to being served, you may contact law enforcement and they can serve the Respondent with these copies.

The Clerk will furnish a copy of the Temporary Injunction and Notice of Hearing, the Petition for Injunction for Protection, along with the Financial Affidavit and the Uniform Child Custody Jurisdiction Act, if any, to the Sheriff of the county where the Respondent resides or can be located. The Sheriff will serve the Respondent as soon as possible during their regular working hours. You may call the Civil Process Section of the Hillsborough County Sheriff's office at (813) 242-5214 to find out if the Respondent has been served.

You must attend the hearing. If the Sheriff's Office is unable to serve a copy of the Temporary Injunction on the Respondent prior to the hearing date, you still must attend the hearing. You will be directed to return to the Domestic Violence office to pick-up an Amended Temporary Injunction which will indicate a new hearing date. You are required to appear at the hearing to give testimony, under oath, regarding the exact circumstances of the domestic violence. Answer all questions completely. The judge will also give the Respondent the opportunity to testify, under oath, regarding the Respondent's recollection of the alleged incident.

You will be provided a copy of the Order in which the judge renders his ruling from this hearing. This Order should be kept on your person at all times. If the respondent violates any conditions of the Temporary or Permanent Injunction, you should first consider requesting the immediate assistance of local law enforcement. If the respondent is not arrested, you may return to the Domestic Violence Section of the Clerk's Office for assistance in the preparation of an Affidavit of Violation of Injunction.

How does the injunction become violated?

This occurs when the Respondent has contact with the Petitioner (physical acts), or does things contrary to the Order for Protection. If the Petitioner feels that there is a violation, an Affidavit of Violation of Injunction may be filed at the Clerk's office. This will be reviewed by the Court and by the State Attorney's office for further action. If the respondent has physical contact (intentionally touch or strike) with the Petitioner, the State Attorney's Office can file the charge of "Battery-Domestic Violence", F.S. 784.03(1)(a). This is also a First Degree Misdemeanor. Additionally the Respondent may be in violation if he or she is not in compliance with other provisions of the injunction. An example is not paying child support. If the Respondent is not in compliance with one or more provisions of the injunction, the Petitioner may complete an Affidavit of Violation. This affidavit can be obtained from the Clerk of the Circuit Court. It may be the only way a judge is notified of the Respondent's non compliance. Once there has been contact, the Petitioner should contact law enforcement. At that time, law enforcement will make a report of the incident and the respondent can be arrested and charged with the crime. In some cases the Respondent may not be arrested at that time, but will be summons to appear in court and the judge will read him or her the charges.

Where do you go to obtain information about a criminal domestic violence charge?

You can contact the County Criminal Department. The records are open to the public. Anyone can find out information relating to a case, including when the case is scheduled to be heard and what sentence if any was imposed.

Who will have to go to court?

In a civil domestic violence case, the petitioner (the person who is filing for protection) has to appear for all court dates. In a criminal domestic violence case, the victim only needs to appear when subpoenaed by the State Attorney' Office.

What happens when the case is over?

If the defendant is sentenced by the judge, he/she may be directed to attend domestic violence counseling, receive probation and or a jail sentence. The judge may also order the defendant to have "no contact with the victim" or "no violent contact with the victim". If a judge orders no contact with the victim but the defendant violates that order, he/she may be sentenced to jail.

Where can I obtain blank forms to use in filing a case related to Domestic Violence, Repeat, Dating or Sexual Violence?

You may obtain blank forms at no charge from the Domestic Violence area of the Family Law Department, on the 1st floor of the George E. Edgecomb Courthouse, or at the Plant City Clerk's office, 301 North Michigan Avenue, Plant City, FL 33563. Forms are also available on the website.