Include your case number, date of hearing, and your contact information (unless it is confidential) on your motion. The Domestic Violence Department is located in room 3.22 on the 3rd floor of the Main Courthouse in West Palm Beach, as well as in the branch courthouses in Delray Beach, Palm Beach Gardens and Belle Glade. West Palm Beach Injunction/Restraining Order Attorney Joshua LeRoy, Esq. Failure to abide by the terms of the temporary restraining order could lead to a criminal charge. RTF / PDF. You will also be provided with a serviceable copy when you receive your injunction for protection. It looks like your browser does not have JavaScript enabled. The following is a summary of the information and process when filing for an Injunction for Protection. Nothing on this site should be taken as legal advice for any individual case or situation. Kathryn Oleksy, supervising attorney for Domestic Violence Project, Legal Aid Society of Palm Beach County Home; Our City. Rules regarding restraining orders vary from state to state, so be sure to research your states laws for specifics about your restraining order case. If the injunction is denied, you may file a petition for a full hearing to fight for an injunction. Batterers' Intervention Program Providers. Privacy Statement|Accessibility Statement|Legal Notice(850) 922-5081500 South Duval Street, Tallahassee, FL, 32399-1925, All Content Copyright 2023 Florida Courts, Court Councils, Commissions, and Committees, General Contract Conditions for Services and Commodities, Temporary Ex Parte Risk Protection Order and Notice of Further Proceedings, Order Denying Petition for a Temporary Risk Protection Order and Setting Hearing, Final Order Denying Petition for Risk Protection Order, Request for Hearing to Vacate Final Risk Protection Order, Order Setting Hearing or Respondent's Request to Vacate Final Risk Protection Order, Order Vacating Final Risk Protection Order, Order Denying Respondent's Request to Vacate, Petitioner's Motion to Extend Final Risk Protection Order, Order Setting Hearing or Petitioner's Motion to Extend Final Risk Protection Order, 500 South Duval Street, Tallahassee, FL, 32399-1925. Full name, date of birth and physical description of the abuser, including height, weight, scars, etc. The Court cannot provide legal advice. (b) Temporary Injunction to Prevent Removal of Minor Child (ren) and/or Denial of Passport Services (Ex Parte) - 03/2015. Close x . Dating violence is between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. However, certain circumstances could lead to additional charges or more serious criminal charges. Domestic/Repeat/Sexual/Dating Violence/Stalking, Share & Bookmark, Press Enter to show all options, press Tab go to next option. If an individual succeeds in securing a protective order against you, you will be notified of the temporary restraining order and the terms in writing. Staying a specified distance away from the victim, Staying a specified distance away from the victims work, school, or family members, Moving out of the home/dwelling that the abuser/victim share. Filing for Injunctions for Protection Against: Providing simplified forms and instructions for completion and filing. There has to be an act of violence or you have reasonable cause to believe you are in imminent danger to file a domestic violence injunction, says E. Rene Boone, team supervisor for Palm Beach Countys Victim Services. Specific dates of abuse or threats of abuse. Evidence may include: During the hearing, a judge may also ask you about what kind of injunction you want placed, and how long you would like it to last. Shelters: YWCA Harmony House: 561-655-6106 At the hearing, you need to provide evidence that your abuser has, and continues to, put you in imminent danger. The injunction process begins when you file for an injunction at one of the locations listed above. A permanent restraining order can lead to limited custody, such as only supervised visitation. Its important to note that during this process, the judge only decides whether a temporary injunction is appropriate or not. Important: Because of the complexities of the forms that are required in order to seek a Restraining Order, it could take up to 45 minutes to complete all requirements. Any of these agencies can assist you and/or connect to resources in the community to file a restraining order. This con. 4330 W Broward Blvd Suite F Plantation, FL 33317. While the initial hearing was skewed in favor of the accuser, the full hearing is all about determining whether the allegations are actually valid and whether a permanent protection order is necessary. For one week only, we are waiving collection agency fees. Something is Wrong at My House, by Diane Davis; Parenting Press. If you have any issues reading any of our pages, please email us. Please note that, if you know which domestic violence form you are required to fill out, the form may be filled out using the Office of Court Improvements new fillable forms process. 1515 North Flagler Drive, Suite 801. Any unauthorized use of this information is forbidden and subject to criminal prosecution. 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. If they are not comfortable doing that, reach out to one of the agencies mentioned here to obtain support, services and advocacy. PALM BEACH COUNTY, Fla. Palm Beach County officials have issued mandatory evacuations for residents in mobile homes, low-lying areas and barrier islands as Tropical Storm Nicole. 3. Please turn on JavaScript and try again. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Stalking is the repeated following, harassment, or cyberstalking of one person by another. Is there a fee for filing an Injunction of Protection? Palm Beach County Bar Association P.O. Refuses to vacate and/or stay away from a dwelling;. There will be a hearing on the extension of that injunction generally within 15 days from the date the Temporary Injunction was issued. The 15th Judicial Circuit's Appellate Opinions are listed by both date and topic. What can you do if you believe someone poses a danger to himself or herself or others if he or she has access to firearms or ammunition? Read More: For What Reasons Can You Get a Restraining Order? If you have questions, don't hesitate to call our office at 561-355-2996 or send us an email. If you or your children are in danger from a spouse, intimate partner, roommate, or blood relative, you need to do whatever it takes to protect yourself, your family, and your assets. If someone has a restraining order out against them and they break the terms of the order, they will face criminal penalties. There is no fee necessary to file a restraining order, but you will have to provide a photo ID. Effective Defense from an AV Preeminent* Rated Former Prosecutor with more than 25 Years of Experience. The storm is expected. Awards; Careers + Apply Online; . Here is a lightly edited update of the county guidelines regarding who should evacuate and where they should go: Mandatory evacuations are being ordered for residential structures in Zone A and. Repeat violence involves two (2) incidents of violence or stalking, one of which occurred within six (6) months from the filing of the petition. If a final injunction has been issued, Petitioner or Respondent may move to dissolve an injunction at any time. There is no fee necessary to file a restraining order, but you will have to provide a photo ID. Florida Divorce: Who Gets the Family Pets? Instead, contact this office by phone or in writing. The hiring of a criminal defense lawyer in the Tampa, FL area is an important decision that should not be based solely upon advertisements. If a permanent restraining order is placed against you, it will become part of the public record. . If a temporary injunction is granted, you will have at most 15 days before your hearing. Name, address and phone number of Sheriff's Department having jurisdiction over where respondent may be found. Accessible | Fair | Effective | Responsive | Accountable. If there is such an order, the deputy likely will want to make arrangements to serve the restraining order on you. 8:00am - 5:00pmor until court sessions conclude. Pursuant to AOSC19-74, by May of 2020, judges must electronically sign and file orders through the Florida Courts e-Filing Portal and receive proposed orders through the Circuit online system or via the Florida Courts Portal. The abusers address, telephone number, driver license numberand Social Security number, if possible, The abusers employer, work address and phone number, if possible, The abusers vehicle information, including make, model, color, year and tag number. Sometimes the partner convinces the woman they are the problem, says Jennifer Rey, program services director at Aid to Victims of Domestic Abuse. Failure to abide by the terms of the temporary restraining order could lead to a criminal charge. Call us today at (386) 866-2111 ! If you are unsure of any violations, reach out to our offices and discuss your situation during an initial consultation. Apply Today! As a former prosecutor, Ive seen how restraining orders can help give victims the strength and resolve they need to disentangle themselves from their abusers. Learn more about how to send money to an inmate in the Palm Beach West Detention Center. Only law enforcement may ask a court to enter a Risk Protection Order against someone who may be a danger to himself or herself or others. If you are the Respondent, you will have the opportunity to present your side at the hearing. At the direction of the Florida Supreme Court, the Fifteenth Judicial Circuit has implemented Differentiated Case Management Plans. What Do You Need to File a Restraining Order? All rights reserved. If you see the respondent and/or he comes to your home or place of work, call 911 and the responding officer can serve the respondent with your serviceable copy. When you seek an injunction for domestic violence in Palm Beach County or anywhere throughout Florida, it is effectively the same as seeking a "restraining order." A domestic violence injunction may limit where you can go and may prohibit you from going near the moving party's work, home or motor vehicle. Restraining orders are a useful tool meant to help protect the vulnerable. Passport services are available BY APPOINTMENT ONLY in our branch offices. First violations of protective orders may lead to a prison sentence of up to one year, a maximum fine of $1,000, or both. PALM BEACH COUNTY, Fla. Mandatory and voluntary evacuations have been ordered ahead of Hurricane Nicole. Your full hearing is your opportunity to tell your story to a judge. Search 13th Judicial Circuit Court domestic relations self-help information, including forms and brochures on divorce, custody, name change, and support. The paperwork necessary to get an injunction can be confusing and it requires you to answer very specific questions. John L. View information about self-help resources and information available at the Palm Beach County Self-Help Center. A petition for domestic violence injunction - sometimes called a restraining order- can be filed by anyone who is the victim of any act of domestic violence (including repeat violence, dating violence and sexual violence) or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence. In this article, youll find answers to questions like: You will also need the following information: The court will review your petition and you will receive an answer that day (granting, denying, and/or setting your case for hearing). If the individual who sought the protection order against you has contacted you with threats or has attempted to negotiate with you after the temporary order went into effect, its important to keep those messages as they may help your case. How Does Florida Handle Common Law Marriages? You may also go to any courthouse locations and file an Injunction Violation Affidavit. The judicial directory is a listing of contact information for the court's judges, magistrates and . If you cannot access the information online, visit or call your county office and have someone in the office help you conduct the search. Depending on the situation, an injunction may: There is no filing fee for Protection against Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, or stalking/cyberstalking. For information about Section 508 accessibility on this website, see our Accessibility Statement. The Hillsborough County Clerk of Court & Comptroller page lays out the various types of restraining orders, as well as information about applying for a restraining order. "At any time,either partycan file a motion to ask the court to modify the terms or dismiss the order," she says. Electronic certified copies of documents viewable in eCaseView may be purchased online. Civil. This is a more serious charge anyone convicted may face up to five years in prison, a fine of up $5,000, or both. Do I need an appointment for a passport application and what do I have to bring? A hearing is held before the 15 days are over. (2001), Ten Talks Parents Must Have With Their Children About Violence, by Dominic Cappello; Hyperion Press. Upon request, reasonable accommodation will be made to allow individuals with disabilities access to the communications regarding our services, programs or activities set forth on the Palm Beach County Property Appraiser's Office website. If approved and signed by the Judge, how long is it in effect? The people in charge of looking after children and in some cases adults are not always the persons birth parents. The court will review the filing and usually responds the same day, experts say. West Palm Beach, FL 33401. American Bar Association Commission on Domestic Violence: Domestic Violence Civil Protection Orders by State, American Bar Association: Domestic Violence Civil Protection Orders by State. Public Defender: 561-355-7500: Legal Aid Society of Palm Beach County . For your convenience, we offer evening and weekend appointments, and accept all major credit cards.Take the first steps to protecting the rights, well-being, and future of yourself and the ones you love. In this case, it is necessary to ask for the temporary injunction to be extended. Until the hearing, the order prohibits the alleged abuser from contacting the victim by mail, phone or any other manner, and from being within 500 feet of the victims house, employer or school; within 100 feet of the victim's vehicle; and within 500 feet of the victim's children, according to the Clerk of the Courts. The information presented on this site should not be construed to be formal legal advice. It will legally prevent an alleged abuser (the respondent) from committing any further acts of violence to you or from threatening you, or stalking you. and Kendall Johnson, Ph D.; Hunter House Inc. (2002), The Words Hurt, by Chris Loftis; New Horizon Press. Before a permanent restraining order is placed on an abuser, a temporary injunction will be granted. (2008), Living with My Family: A Growth and Recovery Workbook for Children, by Wendy Deaton, M.A. Select CountyBrowardPalm BeachMiami-DadeMartinOther. Specific locations where abuse or threats occurred. The individual will need to present evidence to a judge indicating past violence or why he or she now believes they are in danger. If a restraining order has been served against you, you generally must comply with the following rules: release ownership of any guns to the appropriate authorities and abide by the rules set in place by the restraining order. CITY HOTLINE . Respondent's vehicle information including make, model, color, year and tag number. Also known as injunctions, restraining orders are legal orders that require a certain distance between the recipient of the order and the person who filed it (i.e. Frequent offenders may be found guilty of a Third-Degree Felony. If the clerk finds an order, request that a copy of the restraining order be sent to you by the clerk's office if an active case is found. If you cannot access the information online, visit or call your county office and have someone in the office help you conduct the search. Font Size: +-Feedback Print. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. This field is for validation purposes and should be left unchanged. Name, address, and phone number of the sheriff's department that has jurisdiction over where the respondent may be found. This injunction, which last 15 days, keeps the victim out of danger until a proper hearing can be held. West Palm Beach Restraining Order Lawyer | Order of Protection Palm Beach County (561) 988-8000 Broward County (954) 523-9600 Our Firm Practice Areas Resources Locations Contact Us Available 24/7 1.888.5.DEFEND West Palm Beach Restraining Order Lawyer When you wish to file a complaint, bring the following with you: In addition, you should be able to provide: Domestic, Dating, Repeat and Sexual Violence, and Stalking forms are also available at no cost online atwww.flcourts.org. In addition to finding resources, consulting financial advisers, and hiring a lawyer, one of the smartest things you can do right at the beginning is to file a restraining order against the individual who is threatening or abusing you. In some parts of the country, common law marriages are treated a lot like mythspeople have heard of them, but no one is quite sure whether or not they really exist. How Does Domestic Violence Impact Divorce in Florida? It may bar individuals from possessing firearms or freely traveling around their community. Texas Law on Removing a Restraining Order, How to Find Out If I Have Any Outstanding Bench Warrants in Washington State, How to File a Restraining Order in Kentucky. Lake Worth City Clerk Lake Worth FL 7 North Dixie Highway 33460 561-586-1662. Mailing address of a friend or relative if you choose to keep your residence address "confidential" as provided by law. If you have any questions, call the jail at 561-688-4401. How to Get a Restraining Order in Florida Step One: Determine Which Type of Restraining Order is Appropriate There are several types of injunctions, each with its own specific requirements.