Back Print Page Email Page

Are you a victim of domestic violence?
You may be a victim of domestic violence IF any of the following individuals beats, hurts, or threatens you with harm:

• spouse
• former spouse
• relative - by blood or marriage
• live-in (or former live-in) girlfriend or boyfriend
• person with whom you had a child

How can the law help me?

Florida's domestic violence law enables you to work with the court system to stop the abuse. If you are a victim of domestic violence, if a family or household member has hurt you, OR if you have reason to believe you may become a victim, you may request an Injunction for Protection Against Domestic Violence.

An Injunction is a court order to stop the abuser from beating, hurting, or threatening you. You do NOT need a lawyer to get this court order, but you may use a lawyer.

The Clerk of the Court is required to help you seek an Injunction for Protection and enforcement of violation of an Injunction. You may also ask the State Attorney to file a criminal complaint.

What does an Injunction do?

An Injunction for Protection Against Domestic Violence may include but is not limited to:

• Restraining the abuser from further acts of abuse.
• Directing the abuser to leave your household.
• Preventing the abuser from entering your home, school, business, or workplace.
• Awarding you custody of your minor child or children, and
• Directing the abuser to pay support to you and minor children.

How Do I Get an Injunction in St. Johns County, Florida?

1. Go to Room 170, Office of the Clerk of the Circuit Court, in the St. Johns County Courthouse at 4010 Lewis Speedway, St. Augustine.
2. Bring your ID (driver's license) and information about where the abuser can be found.
3. Tell the official on duty that you want to file a petition for an Injunction for Protection Against Domestic Violence.
4. You will have to tell the official who asks when, where, and how you were hurt or beaten, what the abuser did to you, and how often that happened.
5. You may furnish your address to the court in a separate confidential filing for safety reasons.
6. If you want the judge to order certain things -- like custody of your children or a batterers intervention program for the abuser -- you must request this in writing.
7. You may have to pay a filing fee. If you cannot afford it, tell the Clerk of the Court and there may be no cost.
8. After you have completed the paperwork, the Court may order a Temporary Injunction, which is good for 15 days. Then a full hearing is held to consider the safety of you and your children.
9. The abuser must be served with the Injunction to be effective. It tells the abuser what the judge requires and when to return to Court for a hearing, which will be within 15 days -- unless the abuser cannot be served with the Injunction.
10. You can request an Emergency Injunction on Saturday, Sunday, holidays, or after normal business hours by calling the Sheriff's Office (904/824-8304) , OR, if the abuser has been arrested, you can go to the abuser's first court appearance at the jail and request the judge to issue an Emergency Injunction.

Keep your copy of the Injunction with you at all times.

You can also download the forms you need:

• Petition for Injunction for Protection Against Domestic Violence  http://www.flcourts.org/gen_public/family/forms_rules/980a.pdf
• Petition for Injunction for Protection Against Repeat Violence http://www.flcourts.org/gen_public/family/forms_rules/980f.pdf
• Petitioner's Request for Confidential Filing of Address http://www.flcourts.org/gen_public/family/forms_rules/980h.pdf
• Petition for Injunction for Protection Against Dating Violence http://www.flcourts.org/gen_public/family/forms_rules/980n.pdf
• Petition for Injunction for Protection Against Sexual Violence http://www.flcourts.org/gen_public/family/forms_rules/980q.pdf

What Happens After Filing?

You will go to court for a final hearing. The abuser may be there. You must tell the judge what happened and what protection you need. Make a list of the abuse and bring it to court to help you explain. At the hearing, the judge may do one or more things:

• Give you a final Injunction for Protection Against Domestic Violence .
• Give you temporary custody of minor children.
• Give you temporary support for minor children and yourself.
• Give you sole possession of the home by ordering the abuser to leave.
• Order the police to help remove the abuser from the home. (You must ask the judge for this.)
• Order the abuser to get counseling or attend a program for batterers.
• Decide how long this order will last (could be permanent).

What If It Doesn't Work?

If the abuser does not obey the order, call the police and show them your court order OR go to Room 170 of St. Johns County Courthouse to apply for a violation of an Injunction order. If the judge finds that the abuser disobeyed the court order, he can put the abuser in jail by finding him in contempt. If the abuser is the parent of your child and disobeys the child support order, call Child Support Enforcement (823-2327).

Where Can I Go If I Leave?

The Betty Griffin House offers emergency safe shelter and counseling for abused women and their children. If you need to get away from the abuser and you have no friends or relatives with whom you can stay, contact Betty Griffin House at 904/824-1555.

Exemption from Public Inspection
Under provisions of 119.07(3)(s), F.S., any information that reveals the home or employment phone number or address or personal assets of a person who has been a victim of sexual battery, aggravated child abuse or stalking or battery, harassment, or domestic violence is exempt from public inspection and examination. You must submit a written request and provide official verification, such as police report, that an applicable crime has occurred. Such information remains exempt for five years, after which it becomes available to the public.