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Domestic Violence
The employees of the Domestic Violence/Repeat Violence Division work effectively as a team to provide accurate and timely services to its customers by accepting and processing cases, documents and fees relating to Domestic Violence/Repeat Violence Injunctions, in keeping with statutory guidelines. The department maintains court files and an electronic docket and promptly provides information to its customers from those records.
The duties are accomplished while maintaining a workplace characterized by cooperation, professionalism, integrity, high ethical standards and a commitment to developing employees to their fullest potential.
About the Department / What Is Domestic Violence? / What is Repeat Violence? / What is Dating Violence? / Filing Information / Important Information / What is Sexual Violence What is Stalking Violence
About the Department
The Domestic Violence/Repeat Violence Department (DV/RV) assists petitioners in the following manner:
- Filing for Injunctions for Protection Against Domestic Violence or Injunctions for Protection Against Repeat Violence or Injunctions for Protection Against Dating Violence
- Providing simplified forms and instructions for completion and filing
- Assisting in filing Affidavits describing a violation of an injunction
- Providing the Petitioner (the person filing) with two (2) certified copies of the Injunction entered by the Court, one of which is serviceable
What Is Domestic Violence?
Domestic Violence as used in F.S. 741.28 - 741.31: "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 who is or was residing in the same single dwelling unit. "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 have a child in common regardless of whether they have been married or have resided together at any time.
What is Sexual Violence 784.046
Sexual violence means any one incident of:
· sexual battery, as defined in Chapter 794, Florida Statutes;
· a lewd or lascivious act, as defined in Chapter 800, Florida Statutes, committed
upon or in the presence of a person younger than 16 years of age;
· luring or enticing a child, as described in Chapter 787, Florida Statutes;
· sexual performance by a child, as described in Chapter 827, Florida Statutes; or
· any other forcible felony wherein a sexual act is committed or attempted
In order to get an injunction you must have reported the sexual violence to a law enforcement agency and be cooperating in the criminal proceeding if there is one. It does not matter whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney’s office. You may also seek an injunction for protection against sexual violence if the respondent was sent to prison for committing one of the sexual violence crimes listed above against you or your minor child living at home and respondent is out of prison or is getting out of prison within 90 days of your petition. Attach the notice of inmate release to your petition. If the respondent is your spouse, former spouse, related to you by blood or marriage, living with you now or has lived with you in the past (if you are or were living as a family), or is the other parent of your child(ren) whether or not you have ever been married or ever lived together, you should use Petition for Injunction for Protection Against Domestic Violence.
What is Stalking Violence 784.048
Stalking means the repeated following, harassment, or cyberstalking of one person by another. Cyberstalk means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. If the respondent is your spouse, former spouse, related to you by blood or marriage, living with you now or has lived with you in the past (if you are or were living as a family), or the other parent of your child(ren), whether or not you have ever been married or ever lived together, you may, instead, choose to use the Petition for Injunction for Protection Against Domestic Violence.
What is Repeat Violence?
Violence as used in Florida Statute 784.046, means any assault, battery, sexual battery, or stalking by a person against any other person. "Repeat Violence" means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member.
What is Dating Violence?
Dating violence means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.
When you wish to file a complaint, bring the following with you:
- Police reports or referral card furnished to you by the law enforcement officer, if any.
- Drivers license or identification which includes your picture and signature.
- Specific dates of abuse or threats of abuse.
- Specific locations where abuse or threats occurred.
- Mailing address of a friend or relative if you choose to keep your residence address "confidential" as provided by law.
- Picture of Respondent to provide to Sheriff's Department for service purposes.
In addition, you must know:
- Full legal name of respondent (alleged abuser).
- Physical description of respondent, including height, weight, scars, date of birth, etc.
- Current residence address of respondent, including telephone number, social security number, if possible, and drivers license number.
- Respondent's employer and employer's address and phone number, if possible.
- Respondent's vehicle information including make, model, color , year and tag number.
Filing Information
There is no filing fee for an Injunction for Protection Against Domestic Violence, Repeat Violence or Dating Violence.
If the respondent is outside the State of Florida and service must be effected outside the State of Florida, you must be prepared to supply the Clerk with the following information:
Important information for you to know
REFUGE HOUSE HAS A LOCAL OFFICE IN CRAWFORDVILLE WHICH YOU CAN REACH BY CALLING 926-9005. THEY CAN PROVIDE YOU WITH EMERGENCY SHELTER AND COUNSELING SERVICES.
IF AN ARREST HAS BEEN MADE RELATIVE TO THIS INCIDENT, YOU MAY BE ELIGIBLE UPON WRITTEN REQUEST TO HAVE YOUR PERSONAL INFORMATION HELD CONFIDENTIAL OR EXEMPT. PLEASE DISCUSS THIS WITH THE CLERK ASSISTING YOU.
THE FLORIDA ATTORNEY GENERAL OPERATES an Address Confidentiality Program pursuant to §741.401 through §741.465, F.S., the Address Confidentiality Program (ACP) provides a substitute mailing address for relocated victims of domestic violence, with this office serving as legal agent for receipt of mail and service of process. You may contact a Victim’s Advocate at the Wakulla County Sheriff's Department (745-7100) for assistance relative to this Program.
Request assistance as early in the day as possible, preferably before noon, to allow sufficient time to complete paperwork, and for the Court to review your paperwork.
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