HAHarvey Walden
2 days agoDomestic Violence
Emergency Situations
In an emergency situation, always call 911!
Domestic Violence
Domestic Violence means an 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 dwelling unit. A family or household member includes spouse, former spouse, persons related by blood or marriage, persons who are presently residing together or have resided together in the past, and persons who have a child in common, regardless of whether they have been married or have lived together.
Repeat Violence
Repeat Violence by a person against any other person defines Violence as two incidents of assault, battery, stalking, or sexual battery. One incident must have occurred within six (6) months of filing a petition. If you have a genuine fear that violence will occur, you may be eligible for an injunction for protection. Call (352) 486-5266 ext.1255
You can also reach out to the National Domestic Violence Hotline at 1-800-799-7233 (SAFE) for 24/7 support.
Filing a Petition for Injunction
The Clerk’s Office will assist a victim with filing a Petition for Injunction Monday – Friday between 8:00 AM and 5:00 PM. After normal business hours, assistance is available by calling (352) 486-5111.
Filing Requirements
The Petition for Injunction and other paperwork must be prepared and sworn to by the petitioner and filed with the Clerk of the Court.
Content of the Petition
For the Court to decide your case, the petition must contain specific facts and circumstances, including dates. The facts are used by the Court to determine if an immediate and present danger of domestic violence exists, which would allow the Court to restrain the respondent without notice, pending a hearing.
Additional Information Required
You must describe any previous or pending attempts by you to obtain an Injunction for Protection or any other cause of action currently pending between you and the respondent in this or any other county or state, and the results. If you require additional relief from the Court, you should complete the paragraphs in the petition pertaining to those sanctions. Other information required on the petition will aid law enforcement agencies in identifying and locating the respondent for service. You may keep your address confidential if you so request.
Oath & Penalty of Perjury
The Clerk will require you to sign all documents under oath and you are subject to the penalty of perjury.
Judge Review & Hearing Scheduling
The Clerk will immediately forward your file to the assigned Judge. The Court will determine whether your petition meets the necessary criteria for issuance of a temporary injunction, and a hearing will be scheduled requiring both parties to appear before the Court.
Post-Decision Processing
Once the Judge has rendered a decision, all documents will be returned to the Clerk for processing. The Clerk will provide a certified copy of the Order and Notice of Hearing for you to keep on your person at all times. The Clerk will furnish a copy of the petition, financial affidavit, if any, uniform child custody affidavit, notice of hearing and temporary injunction, if any, to the Sheriff of the county where the respondent resides. The Sheriff will serve the respondent as soon thereafter as possible.
Hearing Participation
You are required to appear at the hearing to give testimony under oath regarding the exact circumstances of the alleged incident(s). 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. The hearing will determine whether a cause of action exists for the Court to enter a permanent injunction based on the testimony of the parties under oath.
After the Hearing
You will be provided with a copy of the appropriate order promptly after the hearing. This should be kept on your person at all times.
Modifying, Extending, or Enforcing the Injunction
The Clerk’s Office will provide the appropriate forms should there be a need for you to modify, extend or enforce the provisions contained in the injunction.
