Domestic Violence

Domestic Violence Commonly Asked Questions
Do you qualify to file 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 spouse
A former spouse
A person related by blood or marriage
A person who has lived together with you as though they were your spouse, or
A person with whom you have had a child together, even if you have never lived together.
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.
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, Hendry County 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.
If the Domestic Violence occurs after regular business hours or on weekends or holidays you may call the Hendry County Sheriff's Department at telephone number 911. After the paperwork is completed the clerk will present it to the judge to be approved or denied.
What are the costs?
There are no fees.
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
May order the violator to participate in counseling.
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 temporary injunction. The formal hearing will be scheduled within 15 days. You must attend the hearing or the injunction will be dismissed.
Copies of all injunctions are placed on file with local law enforcement agencies.