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Areas We Serve
Emergency Shelter
Outreach Counseling
Courthouse Program
Rape Crisis Program
Children's Program
Community Education
Refuge House, Inc.
P.O. Box 20910
Tallahassee, FL 32316
Administration Phone
850.922.6062
Email
receptionist@
refugehouse.com
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The Injunction Assistance Program is available to provide support services for clients throughout the injunction process.
Leon County Courthouse Rm. 164
301 South Monroe Street
Tallahassee, FL 32301
Open Monday- Friday, 8am-5pm
Phone: 850-577-4480
Fax: 850-577-4483
Our services include
- Assistance with the injunction process
- Court accompaniment*
- Counseling referrals
- Informative handouts related to domestic, sexual, and dating violence.
- Community referrals
- Legal assistance referrals*
*These services are provided to those who qualify and are accepted as Refuge House clients.
Types of Injunctions
Factors |
Domestic Violence |
Repeat Violence |
Sexual Violence |
Dating Violence |
Florida Statute |
§741.28-.32 |
§784.046 |
§784.046 |
§784.046 |
Relationship or Status |
"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" 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 the petitioner's immediate family member. |
"Sexual violence" as any incident of sexual battery, as defined in chapter 794; a lewd or enticing 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. If the petitioner is 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, use this form. 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 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" 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 shall be determined based on the consideration of the following 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.
The term 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. |
Available for minor child? |
Parent/ guardian can obtain for minor child |
Parent/ guardian can obtain for minor child |
Parent/ guardian can obtain for minor child |
Parent/ guardian can obtain for minor child |
Behaviors |
"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 family or household member. |
"Violence" means any 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, by a person against any other person. |
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"Violence" means any 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, by a person against any other person. |
FAQ:
The injunction filing fee has been eliminated as of October 1, 2002. Florida Statute 741.30(2)(a)
You will need the respondent(s), which is the person(s) you are filing against, name and at least a work or home address. The respondent must be served with the paperwork. Florida Family Law Rule of Procedure 12.610(2)(a)
- Do I need copies of police reports?
No. While it is not necessary to have a police report, it is helpful. However, we as advocates understand the reasons why victims do not always report these incidents. Judges generally do not deny petitions because the incident was not reported to law enforcement. We will work with you to present information to the judges that will empower them to possibly grant your petition.
- Where can I get the forms?
Most of the forms you must come into our office to get. However, some petitions are available online. Please see our useful links and numbers.
You may file an injunction where the petitioner lives, where the respondent lives, or where the incident occurred. Florida Statue §741.30(1)(j)
- What if I do not want the respondent to know my address?
Please let an advocate in our office know and we will provide you with a confidential address form which will allow the courts to have your address but the respondent will not get your address when s/he is served with the paperwork.
- Can I mail or fax my paperwork in?
The clerk’s office does not accept faxed petitions; you may mail notarized forms to the clerk’s office. However, not all required forms are online and petitions must be signed in front of the clerk or notarized.
- When will I get a decision?
All petitions must be filed and received by the judge by 4:30pm. The judges generally review petitions in a timely fashion and you will receive the decision back between 4:30-5:00pm of the day on which you file.
- Will someone call me when my decision is ready?
No. It is very important that you return to the Clerk’s office to pick up your decision. You want to keep a copy of your injunction, should you get it, on you at all times.
- What do you mean, “if” I get my injunction?
The judge can give you one of three decisions. You may receive a temporary injunction, which will go into affect that very day and stays in affect until you attend your hearing. You may receive an order setting hearing, where the judge is ordering you to court without issuing a temporary. This does not mean that you may not receive a final injunction once you appear at your final hearing. Also, your petition may be denied. The judge will provide a reason why s/he did not grant the petition. Please understand that the judges are bond by law and there is no limit to how many times you may file. You are more than welcome to come back and re-file the petition should new incidents occur.
- What should I do if the respondent violates the injunction?
CALL THE POLICE. Is important to notify law enforcement as soon as the violation occurs. You may also come to our office and file an affidavit for order to show cause for a violation of final judgment of injunction for protection.
If you have a final injunction and you move, please update your address with the courts. If you do not want the respondent to know your new address, file a confidential address form as well.
If you are moving out-of-state, the Violence Against Women Act requires all states and Indian nations to give full faith and credit to restraining orders and orders of protection. 18 USC § 2265
- What is a no contact order?
A no contact order is usually placed by a judge during a first appearance hearing for a criminal charge. Usually these orders are only good as long as the case is open. If you are looking for information about a no contact order, contact the State Attorney’s office.
Helpful Links and useful information:
- Leon County Clerk’s Office
http://www.clerk.leon.fl.us/
850-577-4480
- Florida Supreme Court approved Family Law forms
http://www.flcourts.org/gen_public/family/forms_rules/index.shtml
http://www.sao2fl.org/
850-606-6000 |
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