Court Injuctions

Numerous legal channels are available to protect the safety of victims of domestic violence. Harbor House provides legal advocacy to ensure that survivors understand their rights.

CIVIL COURT INJUNCTIONS

An injunction is a court order that prevents one person from coming in contact with - and committing acts of violence against - another person. In a domestic violence situation, a victim can file a petition for injunction with the court seeking protection. The judge may:

Require the abuser to avoid the victim
Award temporary exclusive use of the house to the victim
Prevent the abuser from entering the home of visiting the victim's school or workplace
Award temporary custody of minor children to the victim
Require the abuser to pay temporary child support (if the abuser is the parent)
Direct the abuser to attend a Batterer's Intervention Program, if requested

FILING FOR AN INJUNCTION

Harbor House and the Clerk of Courts are available to assist survivors with the injunction filing process. Depending on the relationships with the batterer, there are five types of petitions that survivors may file to obtain an injunction:

Domestic Violence with Children
Domestic Violence without Children
Dating Violence
Sexual Violence
Repeat Violence

There is no fee to ask the court to file an injunction. If you are an Orange County resident or the incident occurred in Orange County, you may file for an injunction at the Orange County Courthouse located on 425 N. Orange Ave., Orlando, FL 32801. Injunction office hours are from 7:30 a.m. - 3:30 p.m., Monday through Friday in Room 315. If you would like a Harbor House advocate to help you with this process, you may go to Room 520 for assistance. If you are not a resident of Orange County, please contact your local courthouse for information about obtaining an injunction in your county.

On the same day a petition for injunction is filed with the "Injunction Processing Unit" (located in Room 315), a judge will review the petition and:

Grant a temporary injunction and set a date, time and location for a court hearing to occur within 15 days (the length of the temporary injunction).
Issue an Order Setting Hearing, which is not an injunction, but requires both parties to appear before a judge to testify regarding the petition.
Deny the petition for injunction
For all of these options, you must return to the courthouse to pick up the paperwork.

If a temporary injunction is granted, or if an Order Setting Hearing is issued, the Sheriff's Office will notify the respondent (the batterer in this situation). Keep in mind that the temporary injunction must be served by a deputy before it goes into effect.

You may contact law enforcement (407-836-HELP or 9-1-1) immediately to serve the paperwork once you receive it on the day you file. You must report to your hearing even if the respondent in your case was not served.

If the batterer violates the injunction, you MUST immediately call 9-1-1 to report the violation!

INJUNCTION HEARING

Please arrive on time and check in on the 16th floor. You and your batterer will be kept in separate waiting rooms. When you come to court, bring witnesses, documents and other evidence to support your case. Examples of evidence include: medical records, phone records, police reports, photos of injuries, torn clothing and witnesses. You do not have to bring an attorney to represent you; however, it is suggested that you do.

At the hearing the judge can:

Grant a final order of injunction, which may be different from the temporary injunction
Extend the temporary injunction, continuing the hearing on another date
Dismiss the injunction.

MODIFICATIONS AND EXCEPTIONS

Either party can request the court to change or dismiss an injunction based on additional information or concerns. The request, which must be made in writing, should be taken to Room 315. Then, a judge will decide whether to grant or deny the request or to have a hearing with both parties present.

If you have any additional questions about the injunction process, please contact Harbor House court advocates at (407) 836-2001 or admin@harborhousefl.com or espanol@harborhousefl.com .