The Family Law Division is located on the second floor of the Kim C. Hammond Justice Center, 1769 E. Moody Blvd., Bldg 1, Bunnell, FL 32110. Our office hours are Monday – Friday, 8:30 a.m. to 4:30 p.m. We can be contacted by telephone at 386-313-4491 or send us a message via our contact form.
If you are seeking an injunction against Domestic Violence, Repeat Violence, Dating Violence, Stalking, or Sexual Violence, you may contact our office for information at 386-313-4491. If you are facing an emergency situation, please call 911 immediately.
There are five types of injunctions for protection:
• Domestic Violence
• Repeat Violence
• Dating Violence
• Sexual Violence
• Stalking Violence
In an emergency situation always call 911.
The Clerk’s Office will help provide the forms for injunction Monday – Friday between 8:30 AM and 4:00 PM. All forms are available online as well under the form tab on the clerk’s website.
- The Petition for Injunction and other paperwork must be prepared and sworn to by the petitioner and filed with the Clerk of the Court.
- Based on Florida Statutes, there are no filing fees for Petitions for Injunction for Protection.
- In order for the Court to make a decision in 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 violence exists that would allow the Court to restrain the respondent without notice pending a hearing.
- When filing for an Injunction for Protection, you may request at the time of filing that your address be kept confidential. A form will be provided for this.
- The Clerk’s Office 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.
- Once the Judge has rendered a decision, all documents will be returned to the Clerk’s Office for processing. A certified copy of the Order and Notice of Hearing will be provided to you to keep on your person at all times. A copy of the petition, financial affidavit, uniform child custody jurisdiction affidavit, notice of hearing and temporary injunction will be forwarded to the Sheriff of the county where the respondent resides. The Sheriff will serve the respondent as soon thereafter as possible.
- 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.
You will be provided a copy of the appropriate order promptly after the hearing. This should be kept on your person at all times.
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.
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 family or household member.
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 are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Repeat Violence
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 petitioner’s family.
Violence means 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.
Dating Violence
Dating Violence means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship will be based on these factors:
- A dating relationship must have existed within the past 6 months;
- The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and
- The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship. This does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.
Sexual Violence
Sexual Violence means any one incident of:
- Sexual Battery as defined in Chapter 794;
- A lewd or lascivious act, as defined in 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 Chapter 787;
- Sexual performance by a child, as described in Chapter 827; or
- Any other forcible felony wherein a sexual act is committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the State Attorney.
Stalking Violence
Stalking Violence means any one incident as listed below has occurred between individuals:
- “Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
- A pattern of conduct composed of a series of acts over a period of time.
- A verbal or nonverbal threat, or a combination of the two, including threats received by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his/her safety.
- “Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.
Frequently Asked Questions
Where can I obtain an Injunction for Protection?
An Injunction for Protection may be obtained from the Clerk of Circuit Court’s office by applying in person. Certain eligibility requirements must be met pursuant to Chapter 741, Florida Statutes. Clerk’s office personnel will ask you some questions to make sure you are provided with the injunction that goes with your situation. No fee is assessed for filing an injunction
What are the requirements for a Domestic Violence Injunction?
In order to obtain an Injunction against someone, you must have a relationship with that person which meets one of the following criteria:
- A spouse
- A former spouse
- A person related by blood or marriage who has lived together with you in the same dwelling
- A person who has lived together with you in the same dwelling as though they were your spouse or family
- A person with whom you have had a child together, even if you have never lived together
Can I include attachments to the petition?
Yes, you may attach any pictures, reports, letters, etc. to the petition for the Judge to review. You will include anything you feel the Judge should be aware of in order to grant the injunction.
How long does an Injunction last?
While an Injunction may be continued for an indefinite period of time as the court deems necessary (after a hearing).
What happens after filing the injunction?
The Court has three options:
- Deny the Petition
- Entertain an Order Setting Hearing, or
- Enter a Temporary Injunction until a hearing
Once the judge has rendered a decision, the clerk will be given a copy of the order via email or via US mail if no email address is given.
If requested, the clerk will provide you with certified copies of the Temporary Injunction and Notice of Hearing, if rendered. You must return to the Clerk’s Office with a valid ID to pick up these copies. You should keep these copies with you at all times.
If the Respondent is located out of Flagler County, the Clerk’s office provide the packet to the appropriate county for service by the Sheriff. The Sheriff will serve the Respondent as soon as possible. THE INJUNCTION IS NOT IN EFFECT UNTIL THE RESPONDENT IS SERVED.
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 are required to appear at the hearing to give testimony, under oath, regarding the exact circumstances of the violence against you. 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 certified 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.
How does the person I file against get notified of the hearing?
After the hearing has been set, we send copies immediately 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. You may contact the Sheriff’s Office directly (386)313-4340 if you know that the respondent is located at a different address than what is listed on your petition.
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 include my minor children in my injunction?
Yes. You may ask for protection on behalf of yourself and your minor children in the injunction.
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.
What happens if I fail to appear in court?
The Judge has several options, which he may take, including dismissal of the case.
Can I dismiss the injunction before the hearing?
Yes, by legal motion filed in the Clerk’s Office.
How to dissolve a permanent injunction: either the petitioner or respondent may complete a Motion for Modification, and it will be forwarded to the assigned judge for consideration. You can request the form from the clerk’s office.
What happens if the respondent violates the injunction?
If the Respondent violates any conditions of the Temporary or Permanent Injunction, you should first consider requesting the immediate assistance of local law enforcement. You may return to the Clerk’s Office for assistance in the preparation of an Affidavit of Violation of Injunction, once the affidavit of violation is filed with the clerk is it sent up to the judge for review.
What can I do if my petition for Injunction was denied?
If there have been new instances of violence or threats of violence etc. or you would like to clarify what was in your original petition, you may obtain a Supplemental Affidavit packet from the clerk’s office. This will be filed into your existing case and is used to give the Judge more information as to why your petition should be granted.
Will this case be public record?
Only if the injunction is granted and the respondent is served will the case become public record. (All except sexual violence cases)
Is my child’s information confidential?
Yes, any minor children’s information that is listed in the injunction is to be redacted by the clerk for confidentiality. All except minor children’s initials and year of birth is to be redacted.
Can my home address be hidden?
Yes, simply ask the clerk for a REQUEST FOR CONFIDENTIAL FILING OF ADDRESS