Frequently Asked Questions

You can petition the court for an injunction for protection by going to the Clerk of Court Family Law Department, 1st Floor, Polk County Courthouse in Bartow. The Clerk’s office will assist you in filing your petition and will take the file to a judge for his or her review. If the judge finds merit to the petition, he or she will enter a Temporary Order for Protection Against Domestic Violence.

If the violence occurs after regular business hours or on weekends or holidays you may call 911 to report the abuse. If the law enforcement officer determines that you need an injunction, a deputy clerk will be contacted. The deputy Clerk will assist you with a safety plan, which may include requesting injunction. If an injunction is needed, the deputy clerk will prepare the paperwork and will present it to the judge to be approved or denied.

Under Florida Law, effective October 1, 2002, there is no fee to file for a domestic violence injunction for protection. Other petitions for injunction are subject to the standard circuit court filing fees.

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

• Restrain the violator from committing any acts of 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

The violator must be personally served with a copy of the petition, notice of hearing and temporary injunction. The formal hearing will be scheduled for court within 15 days. You and the violator are required to attend the hearing.

Any injunction granted by the court will be effective until further order of the court, unless the judge includes an expiration date. Either party may ask the court to modify or dissolve the injunction, and that decision is made by the judge.

Copies of all injunctions are placed on file with local law enforcement agencies and are entered into a statewide computer system.