Notices
Public legal notices and court announcements
Family Law
Family Law | Levy County Clerk of the Circuit Court Skip to content Search Website Home Court Services Family Law A Guide to Family Law Family Law includes, but is not limited to, matters arising from dissolution of marriage, annulment, paternity, child support, custodial care of or access to children, adoption, injunctions for the protection against domestic and repeat violence, and all proceedings for modification, enforcement, and civil contempt of these actions. Although child support matters are filed in the Family Law Division, any inquiries regarding payment of child support should be directed to the State of Florida Disbursement Unit at +1 (877) 769-0251. Access Our Online Forms Self-Help Coordinators If you need help in filing your forms you can call a Family Self-Help Coordinator at (352) 374-3665. The Self Help Coordinator WILL explain how to file forms, help set a hearing in front of the judge, explain the procedures involved in filing a case, inform about additional court requirements, and MAY direct a person to other legal resources. The Self Help Coordinator WILL NOT give legal advice or explain to a person their legal rights, represent a person in court, tell a person which forms to file, tell a person how to argue their case or the facts involved. Filing a Petition for Dissolution of Marriage To obtain Dissolution of Marriage in the State of Florida, at least one of the parties must have been a resident of this state for a minimum of six (6) months prior to filing for Dissolution of Marriage. Although it is not necessary to have an attorney, prior to entering into any agreement or signing any pleading each party may wish to consult with an attorney to ensure that his or her rights are being protected. Also, to be advised of the legal and tax related consequences of signing any document. The filing fee for either type of dissolution is not refundable if the parties wish to reconcile and dismiss the Dissolution of Marriage. Regular Dissolution of Marriage This method of petitioning is required when you and your spouse have a dependent or minor child(ren) together or the wife is pregnant. Listed below are some terms with which you should become familiar with before you decide to petition without an attorney. Shared Parental Responsibility Sole Parental Responsibility Rotating Custody Primary Residential Responsibility Secondary Residential Responsibility Reasonable Visitation Specified Visitation Supervised Visitation No Contact Besides the custody questions listed above there is also the matter of Child Support to consider. There may also be the matters of Alimony, Marital and Non-marital assets. Law prohibits the Clerk’s Office from providing legal assistance or advice in these matters. You will be required to complete a parenting course before a final hearing may be set. Failure to meet this requirement may cause the court to dismiss your case or order some other appropriate sanction. Information on this requirement will be given to you when you file the Petition for Dissolution of Marriage. If the Petition for Dissolution of Marriage is contested by your spouse, and you are unable to settle the disputed issues, you will be required to use a court approved mediator to settle the disputed issues before a final hearing may be set. For individuals wishing to file on their own behalf, there are Self-Help Forms Packets available for review and purchase at the Clerk’s Office. Further assistance is available by contacting a Family Law Self Help Coordinator for the Eighth Judicial Circuit at (352) 374-3665. Simplified Dissolution of Marriage Simplified Dissolution of Marriage is a simple, inexpensive legal procedure for couples who meet the following: Both agree that the marriage cannot be saved. There are no minor children together and the wife is not pregnant. Both parties must have agreed on how their property and debts are to be divided. You are not seeking support (alimony) from your spouse, and vice versa. Neither wish to have financial information other than provided in the financial affidavits. You are willing to give up your right to trial and appeal. You and your spouse are both willing to go into the clerk’s office to sign the petition. You and your spouse are both willing to go to the final hearing (at the same time). The Clerk may assist with the preparation of all documents relating to Simplified Divorce. Both parties must sign the Petition for Dissolution. A Property Settlement Agreement may be prepared and both parties must sign the agreement. A Financial Affidavit must be completed and filed by each party. A certificate must be signed in the presence of the clerk or notary by a corroborating witness who knows that either the husband or the wife has lived in Florida for more than six (6) months before the date that the joint Petition for Simplified Dissolution of Marriage was signed. You will not need a witness if you have a valid Florida Drivers License that is more than six (6) months old. The Court will schedule a hearing before the assigned judge and both parties are required to attend the hearing. Secret Link
Circuit (Felony) Criminal Cases
Circuit Criminal Cases | Levy County Clerk of Court Skip to content Search Website Home Court Services Circuit (Felony) Criminal Cases The Circuit Court handles all Felony offenses that are punishable under Florida Laws, or that would be punishable if committed in the State of Florida, by death or imprisonment in a state prison. A person shall be imprisoned in the state prison for each sentence that exceeds one (1) year. Felony charges include Murder, Manslaughter, Burglary, Grand Theft, Kidnapping, Forgery and Uttering, Aggravated Battery, Aggravated Child Abuse, Sexual Battery, and Worthless Checks. Felonies are classified for purposes of sentencing into the following categories: Capitol Felony Life Felony Felony of the First Degree Felony of the Second Degree Felony of the Third Degree Frequently Asked Questions Are criminal records on the internet? Criminal records are not online at this time. What happens after an arrest on a felony charge? The Clerk’s Office receives the initial paperwork from the Levy County Jail after a felony arrest. The Felony Department assigns the Case number and then forwards copies of the Arrest documents to the State Attorney. The State Attorney reviews the case and makes the determination to file or not to file charges. How will I know when to come to court? When formal charges are filed with the Clerk’s Office, your attorney will be notified of the arraignment date. If you do not have an attorney, you will receive notification by mail of that date. If you bonded out of jail, your bondsman will be notified as well. All notices will be sent to the address that was given at the time of arrest. State Files Information Clerk Sets Arraignment Arraignment=Case Management Pre-trial After Case Management Jury Trial After Pre-trial What if I have a change of address? If you move, it is your responsibility to notify the Clerk’s Office in writing. Mail us at the address at the top of this page, Attn: Felony Department. What is an arraignment? An arraignment is a hearing where the defendant is advised of the formal charges filed by the State Attorney and is allowed to enter a plea to the charges. Can I change my court date after notification? The Clerk’s office cannot change your court date for you. Please contact your attorney to help you with this problem. What happens if I fail to appear for my court date? Failure to appear will result in a Capias issued for your arrest. You will forfeit any bond that you have posted. If you are arrested for failure to appear you may be held in the Levy County Jail without bond or a higher Bond will be set. Can anyone attend a criminal proceeding? All felony courts are open to the public unless a Judge closes certain proceedings. Spectators are expected to dress and behave themselves properly while in attendance at any court sessions. No tank tops or shorts are allowed in any courtrooms. Pagers and cellular telephones are to be turned off while in the courtrooms. What if I’ve been subpoenaed as a witness on a felony case? A subpoena is traditionally defined as a command to appear at a certain time and place to give testimony regarding a certain matter. Testimony is normally given at a court of law before a judge or hearing officer, or by deposition, in the presence of a court reporter. If you are served with a subpoena and have any questions or are unable to attend, you must contact the agency or attorney that subpoenaed you. If you fail to respond to a subpoena, you may be held in contempt of court. Secret Link
Evictions
Evictions | Levy County Clerk of the Circuit Court Skip to content Search Website Home Court Services Evictions Required Notice If there is a written or verbal lease between the landlord and the tenant to pay rent, and the tenant fails to pay the rent, the landlord is required to give proper notice to the tenant. Notice forms are not provided by the Clerk’s Office, but may be obtained at most office supply stores. The landlord may serve the tenant with a Notice to Pay or Vacate. The notice signifies that an eviction suit will be filed if the tenant does not pay the back rent or move. Landlords & Tenants Mobile Home Park Lot Tenancies Complaint Forms If the tenant fails to pay or move within the required time limit, a complaint may be filed for Removal of Tenant for Non-Payment of Rent. There are three types of complaint forms: Possession of the Property Only Possession of the Property Plus Past Due Rent Eviction for Other Than Failure to Pay Rent Resources Information sheets and eviction complaint forms may be obtained from the County Civil Department or can be downloaded from the following links: Civil Cover Sheet Eviction Instructions How to Collect Judgement Eviction Statutes for Notices Tenant Withhold Rent Failure Maintain Certificate of Service Notice of Current Address Email Proof Claim Amount Due Remove Tenant Evict Count 1 and 2 Evict Only Complaint Unlawful Detainer Landlord Tenant Forms/Packet Eviction Process Once the eviction suit is filed, the sheriff will serve the tenant with a summons and a copy of the complaint. A summons will be issued to the tenant/defendant directing them to file an answer and pay any past due rent into the Registry of the Court. If the landlord is asking for the rent and damages, an additional summons will be issued requiring an answer to be filed as to the damages. The summons will direct the defendant to answer and deposit the amount in dispute into the Registry of the Court within 5 days after service of the summons and complaint. Only cash or cashier’s checks will be accepted as payment of rent. Failure to pay and/or answer may result in a judicial order for eviction without further notice. If the defendant files an answer, deposits rent and/or files a Motion to Determine the amount of rent to be paid into the Registry of the Court, a court date will be set as soon as possible. If the case proceeds to a hearing, the Judge will hear testimony from both parties and render a decision. Writ of Possession If the Judge orders the tenant to be evicted, the landlord may request the Clerk’s Office to issue a Writ of Possession. The Writ of Possession will be served by the sheriff and will allow the tenant 24 hours to move. If the tenant has not vacated within the 24-hour period, the sheriff can remove the tenant. A tenant may not be removed without a court order. The Judge may also allow the tenant additional time to move. A writ may not be issued until the proper amount of time has elapsed. If the sheriff has to remove the tenant, the sheriff will contact the landlord regarding taking possession of the property. If the eviction is for a mobile home belonging to the tenant and is governed by Florida Statute 723, the writ will not be issued for 10 days. A writ may not be issued without a court order.
Court Services
Court Services | Levy County Clerk of the Circuit Court Role of the Clerk’s Office The Clerk’s Office is responsible for the following services and duties within the court system: Attend each session of Court File indictments, information, and verdicts Process all Civil and Criminal cases Prepare Appellate records Oversee Jury Management File, secure, and dispose of all evidence entered by the Court Assist victims of abuse in completing paperwork necessary to file Domestic and Repeat Violence actions Assist in completing paperwork necessary to file for a Simplified Divorce Assist in completing paperwork necessary to file a Small Claims action Assist in completing paperwork required to file a Landlord/Tenant action Receive and disburse moneys for fines, court costs, forfeitures, fees, service charges, alimony and child support, victim restitution, and certain monies to be held in trusts Information Regarding Requests for Redactions Any person preparing or filing a court document should not include a social security number or a complete bank account, debit, charge, or credit card number in such document, unless required by law or court rule, or necessary to the adjudication of the case. Any person has a right to request that the Clerk of the Circuit Court remove from an image or copy of a court document a social security number or complete bank account, debit, charge, or credit card number contained in a court document. Such request must be made in writing and delivered by mail, or in person to the Clerk of the Circuit Court. The request must specify the case number, the title of the document, and the identification page number of the document that contains the number to be redacted. A fee will not be charged for the redaction of a social security number or a complete bank account, debit, charge, or credit card number pursuant to such a request. Frequently Asked Questions When do I deposit money into the Registry of Court? When the Court where the suit was filed issues a court order, then monies can be accepted into the Registry of Court. Are personal checks accepted and how should the check be made out? Only checks from law firms and certain other government agencies are accepted, otherwise cash or cashier’s check will be required. The check should be made out to “Levy County Clerk of Circuit Court”. Where can I pay the money owed? Payments can be made at the court department where the case was filed. You will need to know the case number and/or names on the case. If you have a copy of the court order, please bring it with you. Is there a fee to make deposits into the Registry of Court? The fee for depositing into the Registry of Court is 3% of the first $500.00 and 1.5% of the balance. How do I find out if money has been deposited into the Registry of Court? Please contact the Court Department where the case was filed. If I am entitled to monies in the Registry of Court, when can I receive the money? Approximately thirty (30) working days after the court order directing the funds to be released.