Victim of Domestic Violence?
Injunctions for Protection Against Violence:
What is an injunction?
It is a court order sometimes called a “Restraining Order”, that directs the person not to have any contact with you.
What are the requirements for filing a Case for Protective Injunction?
You must be 18 years of age to file a case. If you are under the age of eighteen and have never been married or had the disability of non-age removed by a court, one of your parents or your legal guardian must sign and file the petition on your behalf.
If you are a victim of violence (or feel as though you may become a victim) which has resulted in a physical injury or threat to your well-being, you may have grounds to petition the court for an “Injunction for Protection Against Violence.”
Types of Injunctions:
- Domestic with children – must have a minor child or children in common with the other party whether or not you have been married or have ever lived together.
- Domestic without children – must be related to the other party by blood or marriage or if an extended family member, must be living in the same dwelling as a family and have NO CHILDREN in common. This includes any family or household member who is or was residing in the same single dwelling unit.
- Repeat violence – must have had two (2) acts or threats of violence against you or an immediate family member, one of which must have occurred within the past six (6) months.
- Sexual violence – must be a victim of sexual violence, be cooperating with law enforcement and have filed a report or have an active on-going investigation regarding the incident.
- Dating violence – must have had a continuing and significant relationship of a romantic or intimate nature with the other party within the past six (6) months.
- Stalking violence – repeated following over a period of time for no legitimate purpose, harassment or cyber stalking of one person by another causing emotional stress.
Packets for completion are available at each Clerk’s Office locations. The type of packet(s) you require will depend on the relationship between you and the person you are filing against. You may also file on behalf of a minor against another minor to include the parent or legal guardian of the minor. You will be asked specific questions and depending on the answers, will decide which packet(s) will be needed for you to fill out.
What information is needed to file an injunction?
You will need a picture ID along with the full name and address for the person you are filing against. The current home address and/or current work address is required for the Sheriff to obtain service on the individual.
Where can I obtain an injunction?
You can petition the court for an Injunction for Protection Against Violence by going to the Clerk of Court, Customer Service, Okaloosa County Courthouse, 101 East James Lee Blvd., Crestview, FL or Clerk of Court, Customer Service, Okaloosa County Courthouse Annex Extension, 1940 Lewis Turner Blvd., Ft. Walton Beach, FL.
If you have not completed the forms from the clerk’s website, our Office will provide you with the forms for filing. Your petition will then be sent to the judge for his/her review. If there is an immediate and present danger of violence, the Court may issue a temporary injunction which will remain in effect up to 15 days or until your case comes before the court at hearing. If the violence or threat occurs after regular business hours or on weekends or holidays you may call the Okaloosa County Sheriff’s Office or the local police department, depending on your location.
What are the costs?
There is no charge for this action.
What can the injunction do for you?
The injunction may provide such relief as the court deems proper, including:
- · Restrain the violator from committing any acts of violence;
- · Prevent the violator from coming within 500 feet of your home, work place or other requested locations that you frequent;
- · Award you temporary exclusive use of the home;
- · Award you temporary custody of your children;
- · May order the violator to participate in counselling.
What happens after the judge grants the temporary injunction?
The violator must be personally served with a copy of the petition, notice of hearing and/or temporary injunction. You must attend the hearing or the injunction will be dismissed.
Copies of all injunctions are placed on file with local law enforcement agencies.