Domestic Violence

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, 8:00 a.m. to 4:30 p.m. We can be contacted by telephone at 386-313-4490 or send us a message via our contact form.

If you are seeking an injunction against Domestic Violence, Repeat Violence, Dating Violence, or Sexual Violence, you may contact our office for information at 386-313-4490. If you are facing an emergency situation, please call 911 immediately.

What is an Injunction for Protection Against Domestic Violence?

An Injunction for Protection Against Domestic Violence is a court order that directs a person not to have any contact with you. You may be eligible for an Injunction for Protection if you are or have been a victim of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming the victim of domestic violence.

What is the definition of Domestic Violence?

Domestic Violence means any 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.

Where can I obtain an Injunction for Protection?

An Injunction for Protection from Domestic Violence 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 assist the Petitioner by screening him or her for eligibility and in completing the required forms. No fee is assessed for filing an Injunction.

What are the requirements for an 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
A person with whom you have had a child together, even if you have never lived together

How long does an Injunction last?

While an Injunction may be continued for an indefinite period of time (after a hearing), either the petitioner or respondent may complete a Motion for Modification and it will be forwarded to the assigned judge for consideration. Deputy clerks will assist in the completion of the form.

What types of Injunctions are there?

Generally, Florida law states that a court can enter an injunction to protect the victim of violence under any of the following types of violent relationships:
Domestic Violence: Requires that the parties have lived together “as if a family” or have a child together. Petitioner must be a victim of domestic violence, or have reasonable cause to believe that violence is imminent.
Repeat Violence: Requires that the respondent have committed two incidents of violence against the petitioner or the petitioner’s immediate family member, one of the incidents must have been within the past six months.
Dating Violence: Requires that the parties have had a continuing dating relationship within the past six months that involved the expectation of affection or sexual involvement. Petitioner must be a victim of violence or have reasonable cause to believe violence is imminent.
Sexual Violence: The Petitioner must be a victim of sexual violence, have reported that crime and be cooperating with law enforcement agencies; or the respondent who committed the sexual violence was sentenced and the term of imprisonment is expired or is due to expire within 90 days.

What happens in court?

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, all the paperwork will be returned to the Clerk for processing. 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 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 will mail 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 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.

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.

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 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. You may contact the Sheriff’s Office directly if you know that the respondent is located at a different address than what is listed on your petition.

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. If the Respondent is not arrested, you may return to the Clerk’s Office for assistance in the preparation of an Affidavit of Violation of Injunction.
This will be reviewed by the State Attorney’s Office for further action.