Domestic Violence - General Information

We are located at the City Hall Annex 220 East Bay Street, Jacksonville, Fl. 32202. Office Hours are 8:00 a.m. - 4:00 p.m. Monday - Friday. Our department may be reached by telephone at (904) 630-7514.

The Clerk Of Court provides forms and staff to assist victims when filling out a petition for protection against violence (also known as a restraining order). You may be entitled to obtain an injunction under Florida Law if you are eligible as follows below.

Please click on one or more categories for a detailed description:

• Domestic Violence

  If you are a victim of any act of domestic violence or have reasonable cause to belive that you are in imminent danger of becoming a victim of domestic violence, you can ask the court for a protective order prohibiting domestic violence. Because you are making a request to the court, you are called the petitioner. The person whom you are asking the court to protect you from is called the respondent. Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnaping, false imprisonment, or any other criminal offense resulting in physical injury or death to the petitioner by any of the petitioner's family or household members. In determining whether you have reasonable cause to belive you are in imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors alleged in the petition, including, but not limited to the following:

  1. The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse.
  2. Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.
  3. Whether the respondent has threatened to conceal, kidnap, or harm the petitioner's child or children.
  4. Whether the respondent has intentionally injured or killed a family pet.
  5. Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives.
  6. Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement.
  7. Whether the respondent has a criminal history involving violence or the threat of violence.
  8. The existence of a verifiable order of protection issued previously or from another jurisdiction.
  9. Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communication equipment, clothing, or other items belonging to the petitioner.
  10. Whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to belive that he or she is in imminent danger of becoming a victim of domestic violence.

  The domestic violence laws only apply to your situation if the respondent is your spouse, former spouse, related to you by blood or marriage, living with you now or has lived with you in the pase (if you are or were living as a family), or the other parent of your child(ren) whether or not you have ever been married or ever lived together. With the exception of persons who have a child in common, the family or household members must be currently residing together or have in the past resided together in the same single dwelling unit.

• Repeat Violence

  If you or a member of your immediate family are a victim of repeat violence, you can ask the court for a protective order prohibiting repeat violence. Repeat violence means that two incidents of violence have been committed against you or a member of your immediate family by another person, one of which must have been within 6 months of filing your petition. Repeat violence includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping or false imprisonment, or any criminal offense resulting in physical injury or death.

• Sexual Violence

  If you are a victim of sexual violence or the parent or legal guardian of a minor child who is living at home and is a victim of sexual violence, you can ask the court for a protective order prohibiting sexual violence. Sexual Violence means any one incident of:

  • Sexual battery, as defined in chapter 794, Florida Statues;
  • A lewd or lascivious act, as defined in chapter 800, Florida Statutes, committed upon or in the presence of a person younger than 16 years of age;
  • Luring or enticing a child, as described in chapter 787, Florida Statutes;
  • Sexual performance by a child, as described in chapter 827, Florida Statutes; or
  • Any other forcible felony wherein a sexual act is committed or attempted.

  In order to get an injunction you must have reported the sexual violence to a law enforcement agency and be cooperating in the criminal proceeding if there is one. It does not matter whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney's office. You may also seek an injunction for protection against sexual violence if the respondent was sent to prison for committing one of the sexual violence crimes listed above against you or your minor child living at home and respondent is out of prison or is getting out of prison within 90 days of your petition.

• Dating Violence

  If you or a member of your immediate family are a victim of dating violence, you can ask the court for a protective order prohibiting dating violence. Dating violence means violence between individuals who have had a continuing and significant relationship of a romantic or intimate nature. The dating relationship must have existed within the past six months, the nature of the relationship must have been characterized by the expectation of the affection or sexual involvement between parties, and the frequency and type of interaction must have included that the persons have been involved over time and on a continuous basis during the course of the relationship. Dating violence does not include violence in a casual acquaintanceship or violence between individuals who only engage in ordinary fraternization in a business or social context. Dating violence includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping or false imprisonment, or any criminal offense resulting in physical injury or death.

In order for the Court to determine the facts alleged in your petition, the petition must include specific facts and circumstances including dates, which will convince the court that an immediate and present danger of violence exists which the Court should restrain, without notice, pending a full hearing.

When you file a "Petition for Protection Against Violence" you will be swearing or affirming under oath that every statement made in this petition and other paperwork is true and correct. Such statements are made under penalty of perjury and are punishable as provided in Florida Statutes 837.02.

Injunction Granted by Judge

If a judge decides your petition meets the statutory requirements for the injunction, he or she will enter a temporary injunction. The Clerk Of Courts office will send copies to the sheriff's office in order to serve the respondent. You will receive a court hearing within fifteen days, and at that hearing the judge will decide whether to extend the injunction. After the final judgment is entered you will each receive a copy outlining the judge's decision.

Hubbard House Advocates are available to assist you with the process of filing an injunction. For additional information you may call them at (904) 354-3114 or visit their website at hubbardhouse.org

Frequently Asked Questions -

• What is the fee for filing an injunction?

  There is no filing fee.

• Do I need an attorney?

  You have the right to hire an attorney to represent you, but it is not required.

• Can I file an injunction for protection if I did not report the violence to the police?

  Yes. However, acts of violence should be reported to the Police Department.

• Can I file an injunction for protection on behalf of my child who is under eighteen years old?

  Yes. Persons under 18 years old cannot file an injunction for protection without a parent or guardian present.

• Can I request to have the final judgment modified, extended or dropped?

  Yes, we have forms you may fill out. The motion to vacate, modify or extend will be forwarded to the Judge for a decision.

• How do I notify the courts of my new address?

  You may file a Notice of Current Address. You may find this form at the Florida State Courts website or the Law Library at the courthouse.

• What happens if I fail to appear in court?

  The Judge has several options, which he may take, to include dismissal of the case or holding you in contempt of court.

• Can I dismiss the injunction before the hearing?

  No. You must appear before the Judge and ask for a dismissal.

• How does the person I file against get notified of the hearing?

  After the hearing has been set, we send copies to the sheriff’s office for service on the respondent.

• How does the sheriff serve the respondent?

  Based upon information provided in your petition. Therefore, at a minimum you should include in your petition the respondent addresses, date of birth, and places the respondent may frequent.

• What happens if the respondent violates the injunction?

  You should immediately contact the Jacksonville Sheriff's Office and file a report. Once you have received a copy of the Sheriff’s report, you should contact the State Attorney's Office or call (904) 630-2400.