1997 Florida Code
TITLE XLVI CRIMES
Chapter 784 Assault; Battery; Culpable Negligence  
784.046   Action by victim of repeat violence for protective injunction; powers and duties of court and clerk of court; filing and form of petition; notice and hearing; temporary injunction; issuance; statewide verification system; enforcement.

784.046  Action by victim of repeat violence for protective injunction; powers and duties of court and clerk of court; filing and form of petition; notice and hearing; temporary injunction; issuance; statewide verification system; enforcement.--

(1)  As used in this section, the term:

(a)  "Violence" means any assault, battery, sexual battery, or stalking by a person against any other person.

(b)  "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.

(2)  There is created a cause of action for an injunction for protection in cases of repeat violence.

(a)  Any person who is the victim of repeat violence has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence.

(b)  This cause of action for an injunction may be sought whether or not any other petition, complaint, or cause of action is currently available or pending between the parties.

(c)  This cause of action for an injunction shall not require that the petitioner be represented by an attorney.

(3)

(a)  The clerk of the court shall provide a copy of this section, simplified forms, and clerical assistance for the preparation and filing of such a petition by any person who is not represented by counsel.

(b)  In the event the person desiring to file for an injunction pursuant to this section does not have sufficient funds with which to pay filing fees to the clerk of the court or service fees to the sheriff or law enforcement agency and signs an affidavit so stating, the fees shall be waived by the clerk of the court or the sheriff or law enforcement agency to the extent necessary to process the petition and serve the injunction, subject to a subsequent order of the court relative to the payment of such fees.

1(c)  No bond shall be required by the court for the entry of an injunction.

(d)  The clerk of the court shall provide the petitioner with a certified copy of any injunction for protection against repeat violence entered by the court.

(4)

(a)  The sworn petition shall allege the incidents of repeat violence and shall include the specific facts and circumstances which form the basis upon which relief is sought.

(b)  The sworn petition shall be in substantially the following form:

PETITION FOR INJUNCTION FOR
PROTECTION AGAINST REPEAT VIOLENCE

Before me, the undersigned authority, personally appeared Petitioner  (Name) , who has been sworn and says that the following statements are true:

1.  Petitioner resides at  (address) 

2.  Respondent resides at  (address) 

3.  Petitioner has suffered repeat violence as demonstrated by the fact that the respondent has:  (enumerate incidents of violence) 

___________________________________
___________________________________
___________________________________

4.  Petitioner genuinely fears repeat violence by the respondent.

5.  Petitioner seeks: an immediate injunction against the respondent, enjoining him or her from committing any further acts of repeat violence; an injunction enjoining the respondent from committing any further acts of repeat violence; and an injunction providing any terms the court deems necessary for the protection of the petitioner and the petitioner's immediate family, including any injunctions or directives to law enforcement agencies.

(5)  Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time. The respondent shall be personally served with a copy of the petition, notice of hearing, and temporary injunction, if any, prior to the hearing.

(6)

(a)  When it appears to the court that an immediate and present danger of repeat violence exists, the court may grant a temporary injunction which may be granted in an ex parte hearing, pending a full hearing, and may grant such relief as the court deems proper, including an injunction enjoining the respondent from committing any acts of repeat violence.

2(b)  In a hearing ex parte for the purpose of obtaining such temporary injunction, no evidence other than the verified pleading or affidavit shall be used as evidence, unless the respondent appears at the hearing or has received reasonable notice of the hearing.

(c)  Any such ex parte temporary injunction shall be effective for a fixed period not to exceed 15 days. A full hearing, as provided by this section, shall be set for a date no later than the date when the temporary injunction ceases to be effective. The court may grant a continuance of the ex parte injunction and the full hearing before or during a hearing, for good cause shown by any party.

(7)  Upon notice and hearing, the court may grant such relief as the court deems proper, including an injunction:

(a)  Enjoining the respondent from committing any acts of violence.

(b)  Ordering such other relief as the court deems necessary for the protection of the petitioner, including injunctions or directives to law enforcement agencies, as provided in this section.

(c)  The terms of the injunction shall remain in full force and effect until modified or dissolved. Either party may move at any time to modify or dissolve the injunction. Such relief may be granted in addition to other civil or criminal remedies.

(d)  A temporary or final judgment on injunction for protection against repeat violence entered pursuant to this section shall, on its face, indicate that:

1.  The injunction is valid and enforceable in all counties of the State of Florida.

2.  Law enforcement officers may use their arrest powers pursuant to s. 901.15(6) to enforce the terms of the injunction.

3.  The court had jurisdiction over the parties and matter under the laws of Florida and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person's right to due process.

4.  The date that the respondent was served with the temporary or final order, if obtainable.

(8)

(a)

1.  The clerk of the court shall furnish a copy of the petition, notice of hearing, and temporary injunction, if any, to the sheriff or a law enforcement agency of the county where the respondent resides or can be found, who shall serve it upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night. The clerk of the court shall be responsible for furnishing to the sheriff such information on the respondent's physical description and location as is required by the department to comply with the verification procedures set forth in this section. Notwithstanding any other provision of law to the contrary, the chief judge of each circuit, in consultation with the appropriate sheriff, may authorize a law enforcement agency within the chief judge's jurisdiction to effect this type of service and to receive a portion of the service fee. No person shall be authorized or permitted to serve or execute an injunction issued under this section unless the person is a law enforcement officer as defined in chapter 943.

2.  When an injunction is issued, if the petitioner requests the assistance of a law enforcement agency, the court may order that an officer from the appropriate law enforcement agency accompany the petitioner and assist in the execution or service of the injunction. A law enforcement officer shall accept a copy of an injunction for protection against repeat violence, certified by the clerk of the court, from the petitioner and immediately serve it upon a respondent who has been located but not yet served.

(b)  There shall be created a Domestic and Repeat Violence Injunction Statewide Verification System within the Department of Law Enforcement. The department shall establish, implement, and maintain a statewide communication system capable of electronically transmitting information to and between criminal justice agencies relating to domestic violence injunctions and repeat violence injunctions issued by the courts throughout the state. Such information must include, but is not limited to, information as to the existence and status of any injunction for verification purposes.

(c)

1.  Within 24 hours after the court issues an injunction for protection against repeat violence or changes or vacates an injunction for protection against repeat violence, the clerk of the court must forward a copy of the injunction to the sheriff with jurisdiction over the residence of the petitioner.

2.  Within 24 hours after service of process of an injunction for protection against repeat violence upon a respondent, the law enforcement officer must forward the written proof of service of process to the sheriff with jurisdiction over the residence of the petitioner.

3.  Within 24 hours after the sheriff receives a certified copy of the injunction for protection against repeat violence, the sheriff must make information relating to the injunction available to other law enforcement agencies by electronically transmitting such information to the department.

4.  Within 24 hours after the sheriff or other law enforcement officer has made service upon the respondent and the sheriff has been so notified, the sheriff must make information relating to the service available to other law enforcement agencies by electronically transmitting such information to the department.

5.  Within 24 hours after an injunction for protection against repeat violence is lifted, terminated, or otherwise rendered no longer effective by ruling of the court, the clerk of the court must notify the sheriff or local law enforcement agency receiving original notification of the injunction as provided in subparagraph 2. That agency shall, within 24 hours after receiving such notification from the clerk of the court, notify the department of such action of the court.

(9)

(a)  The court shall enforce, through a civil or criminal contempt proceeding, a violation of an injunction for protection. The court may enforce the respondent's compliance with the injunction by imposing a monetary assessment. The clerk of the court shall collect and receive such assessments. On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph to the State Treasury for deposit in the Crimes Compensation Trust Fund established in s. 960.21.

(b)  If the respondent is arrested by a law enforcement officer under s. 901.15(8) for committing an act of repeat violence in violation of a repeat violence injunction for protection, the respondent shall be held in custody until brought before the court as expeditiously as possible for the purpose of enforcing the injunction and for admittance to bail in accordance with chapter 903 and the applicable rules of criminal procedure, pending a hearing.

(10)  The petitioner or the respondent may move the court to modify or dissolve an injunction at any time.

(11)  A law enforcement officer acting in good faith under this section and the officer's employing agency shall be immune from all liability, civil or criminal, that might otherwise be incurred or imposed by reason of the officer's or agency's actions in carrying out the provisions of this section.

History.--s. 1, ch. 88-344; s. 70, ch. 88-381; s. 12, ch. 91-23; s. 7, ch. 94-134; s. 7, ch. 94-135; s. 14, ch. 94-170; s. 10, ch. 95-182; s. 38, ch. 95-184; s. 13, ch. 95-195; s. 1198, ch. 97-102; s. 8, ch. 97-155.

1Note.--As created by s. 1, ch. 88-344. As created by s. 70, ch. 88-381, s. 784.046(3)(c) reads:

(c)  Bond may not be required by the court for the entry of an injunction.

2Note.--As created by s. 1, ch. 88-344. As created by section 70, ch. 88-381, s. 784.046(6)(b) reads:

(b)  In an ex parte hearing for a temporary injunction, no evidence other than the verified pleading or affidavit may be admitted. However, if the court determines that an ex parte hearing is not appropriate, the respondent is to be given notice and may appear and other evidence may be presented.