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1. What are the statutory requirements for filing a "Petition for Injunction for Protection Against Domestic Violence?

If a member of your household has committed a crime against you resulting in your physical injury, you may have grounds to petition the court for an "Injunction for Protection Against Domestic Violence." This also applies if that person has only placed you in fear (either with words or physical acts), and has made you believe you would be immediately harmed by an unlawful act of violence.

This protection is available to you if that person presently resides with you as if he/she is a member of the family, or has lived together with you in the past as if they were a family member and they can be identified as:

• A former spouse
• A person related by blood or marriage
• A person who has lived together with you as though they were your spouse as if you were a family, or who has resided together in the past as if a family
• A person with whom you have had a child together, even if you have never lived together
• A spouse

2. What is an injunction?

An injunction is a court order sometimes called a "Restraining Order", that directs the person not to have any contact with you.

3. Where can I obtain an injunction?

You can petition the court for an Injunction for Protection Against Domestic Violence by going to the Clerk of Court Family Law Division on the second floor of the M.C. Blanchard Judicial Center. The Clerk's Office will assist you in filing your petition and will take the file to a judge for his/her review. If the judge finds merit to the petition, he/she will enter a Temporary Order for Protection Against Domestic Violence.

You may file Domestic Violence petitions from 8 a.m. until 4 p.m, Monday through Friday at the Clerk's office. You may file Repeat Violence, Dating Violence, Sexual Violence, and Stalking petitions from 8 a.m. until 4 p.m, Monday through Friday at the Clerk's Office.

If the Domestic Violence occurs after regular business hours or on weekends or holidays you may call the Escambia County Sheriff's Department at telephone number 911.

4. Is there a fee for filing an Injunction of Protection?

There is no filing fee for Protection against: 

• Dating Violence
• Domestic Violence
• Repeat Violence
• Sexual Violence
• Stalking

5. What Information is helpful in filing a Petition for Injunction?

Having the following information available will assist you when filing for a Petition for Injunction (i.e "Restraining Order"):

• Current residence address of respondent, telephone number, driver's license number and social security number, if possible
• Driver's license or identification which includes your picture and signature (required)
• Full legal name of respondent (alleged abuser)
• Physical description of respondent, including height, weight, scars, date of birth, etc.
• Picture of respondent to provide to Sheriff's Department
• Police reports or referral card furnished to you by the law enforcement officer (if any were provided to you)
• Respondent's employer and employer's address and phone number, if possible.
• Respondent's vehicle information including: 
  • Color
  • Make
  • Model
  • Tag number
  • Year
• Specific dates of abuse or threats of abuse
• Specific locations where abuse or threats occurred

6. What are other steps in the legal process?

As petitioner (the person filing), you will be sworn under oath as to the truthfulness of the allegations of abuse entered on your petition, under the penalty of perjury.

The court will review your petition, and based on the allegations determine to:

• Grant a Temporary Injunction, and grant some or all requests
• Set the matter for a hearing to determine if an injunction will be entered

If the court grants the injunction:

• There will be a hearing on the extension of that injunction generally within 15 days from the date the Temporary Injunction was issued.
• You must attend the hearing or the hearing may be rescheduled or the injunction may be dismissed.
• The Clerk will process the Temporary Injunction to the Sheriff's Department that has jurisdiction over where the respondent may be found.

7. What if the respondent is outside the State of Florida?

You must provide the following information to the Clerk and Comptroller's office:

• Name, address, and phone number of the sheriff's department over where the respondent may be found.
• You must pay for any service fees required by the sheriff outside of the State of Florida.

8. What can the injunction do for you?

The injunction can provide such relief as the court deems proper, including:

• Restrain the violator from committing any acts of domestic violence
• Award you temporary exclusive use of the home
• Award you temporary custody of your children
• Establish temporary child support for minor children (if the violator has a legal obligation to do so)
• May order the violator to participate in counseling

9. Can my child be a witness?

If you want your child to be a witness, you will need to make a written request to the court to have your child testify. If the judge grants your request, you may bring the child to the hearing.

10. How long does the injunction remain in effect?

The injunction is permanent/indefinite or until modified or dismissed by the court, unless a specific time period is indicated on the first page of the injunction.

11. Can I have my weapons for the hunting season?

If a Domestic Violence injunction is entered against you, the law requires that all weapons be surrendered to the Sheriff's Department. There are no exceptions for hunting or other sporting events.

12. Do I need an attorney?

It is always best to consult with an attorney regarding legal matters. However, you are permitted to represent yourself in court. If you cannot afford an attorney, you may want to contact:
Northwest Florida Legal Services, Inc.
24 W Government Street
Pensacola, FL 32501
Phone: 432-2336