Having the following information available will assist you when filing for a Petition for Injunction (i.e "Restraining Order"):
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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:
An injunction is a court order sometimes called a "Restraining Order", that directs the person not to have any contact with you.
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.
There is no filing fee for Protection against:
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:
If the court grants the injunction:
You must provide the following information to the Clerk and Comptroller's office:
The injunction can provide such relief as the court deems proper, including:
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.
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.
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.
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 StreetPensacola, FL 32501Phone: 432-2336