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Injunctions

Injunction for Protection

Injunctions for Protection may be applied for at the St. Johns County Courthouse, 4010 Lewis Speedway, in room 153 (Family Services division) Monday through Friday, 8:00 a.m. to 4:00p.m.. After 4:00 p.m., for emergency protection, you will need to contact the St. Johns County Sheriff’s department. This cause of action for an injunction shall not require the petitioner to be represented by an attorney.

The Clerk of the Court shall provide simplified forms, and clerical assistance for the preparation and filing of such a petition by any person who is not represented by counsel. There is no fee for the filing of an Injunction When filing a Domestic Violence Injunction the following is information that you will need to make yourself familiar with before you have to appear in court on the date provided to you on your certified copy of the Temporary Injunction.

The Clerk will provide you 2 certified copies for the Temporary Injunction. One should be kept with you at all times. READ THE INJUNCTION CAREFULLY.

  1. If you are in fear of your life and in need of shelter, contact your appropriate Law Enforcement Agency and the Betty Griffin House. They can provide you with shelter and refer you to an attorney to represent you in court at the time of the hearing. The Court Advocates Office is located next to the Injunction Office and their number is: (904) 827-5633.
  2. You are required to appear in open court and give testimony under oath regarding the exact circumstances of the domestic violence. The Judge will also give the Respondent the opportunity to testify under oath regarding the Respondent’s recollection of the alleged incident.

If you are filing on behalf of a minor child or the petition involves a minor child that will need to testify at the hearing, you will need to properly motion the court to allow the minor child to testify. A hearing must be heard on your motion prior to your hearing on your temporary injunction.

  1. You hold the responsibility to prove your case in court. If you do not know proper procedure for court hearings, you will need to consult with and retain an attorney so that you are fully prepared to go forward on your hearing date.

  2. If you should need help finding an attorney please call The Florida Bar Lawyer Referral Service at 1-800- 342-8011 or Legal Services at 1-866-256-8091 or (904) 827-9921

Witnesses and Evidence: It is your responsibility to have and present witnesses and evidence with you at the time of your hearing. Written statements from someone that has knowledge of what has happened are not admissible in court. You will need to make sure that person is in court on that day. If your witness does not wish to appear voluntarily, you can contact the Clerk’s Office to inquire about obtaining a witness subpoena.

The Final Order is valid from the date the order is issued until further order of the court. Only the Judge can excuse or waive any provision, specified in the Order. The Petitioner or Respondent may motion the court to modify or dissolve an injunction at any time. Forms for modification, dismissal, extension and enforcement may be obtained from the Clerk of Circuit Courts Office.

If you should have any questions or need any further assistance, please call the Clerk of the Circuit Court’s Injunction Office at (904) 819-3674

Definitions of Violence

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, by a person against any other person.

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.

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 (2) incidents of violence, threats of violence, or stalking committed by the respondent, one of which must have been within six (6) months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member. Any person, who is the victim of repeat violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against repeat violence on behalf of the minor child, has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence.

Dating Violence
Means violence between individuals who have had or still have a continuing and significant relationship of a romantic or intimate nature. 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. The existence of a continuing and significant relationship shall be determined based on the consideration of the following factors:

  1. A dating relationship must have existed within the past six (6) months
  2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties
  3. 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
Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child, has standing in circuit court to file a sworn petition for an injunction for protection against dating violence.