NOTICE OF THE RIGHT OF ANY AFFECTED PARTY TO REQUEST THE ADDITION OF INFORMATION TO A PUBLICLY AVAILABLE INTERNET WEBSITE – SERENA’S LAW
Any affected person has a right to request that a county recorder or Clerk of the Court add information to a publicly available Internet website if that information involves the identity of a respondent against whom a final judgment for an injunction for the protection of a minor under s. 741.30, s. 784.046, or s. 784.0485, F.S., is entered, unless the respondent is a minor. The request must be in writing and contain the case number. To make a request, contact the Clerk’s office by mail or in person at 4010 Lewis Speedway, St. Augustine, Florida 32084, or by email at firstname.lastname@example.org.
Injunction for Protection
Injunctions for Protection may be applied for at the St. Johns County Courthouse, 4010 Lewis Speedway, in room 137B (Family Services Division) Monday through Friday, 8:00 a.m. to 5:00p.m. After 5:00 p.m., for emergency protection, you will need to contact the St. Johns County Sheriff’s department. This cause of action for an injunction shall not require the petitioner to be represented by an attorney.
If you should have any questions or need any further assistance, please call the Clerk of the Circuit Court’s Injunction Office at (904) 819-3674
The Clerk of the Court shall provide simplified forms, and clerical assistance for the preparation and filing of such a petition by any person who is not represented by counsel. There is no fee for the filing of an Injunction. Once the forms are completed, the clerk will file the petition and notify the Judge’s office for their review.
If granted, The Clerk will provide you 2 certified copies of the Temporary Injunction. One should be always kept with you. READ THE INJUNCTION CAREFULLY.
If you are in fear of your life and in need of shelter, contact your appropriate Law Enforcement Agency and the Betty Griffin House. They can provide you with shelter and refer you to an attorney to represent you in court at the time of the hearing. The Court Advocates Office is located next to the Injunction Office and their number is: (904) 827-5633.
- You are required to appear in open court and give testimony under oath regarding the exact circumstances of the domestic violence. The Judge will also give the Respondent the opportunity to testify under oath regarding the Respondent’s recollection of the alleged incident.
- You hold the responsibility to prove your case in court. If you do not know proper procedure for court hearings, you will need to consult with and retain an attorney so that you are fully prepared to go forward on your hearing date.
- If you should need help finding an attorney, please call The Florida Bar Lawyer Referral Service at 1-800- 342-8011 or Legal Services at 1-866-256-8091 or (904) 827-9921
If you are filing on behalf of a minor child or the petition involves a minor child that will need to testify at the hearing, you will need to properly motion the court to allow the minor child to testify. A hearing must be heard on your motion prior to your hearing on your temporary injunction.
Witnesses and Evidence: It is your responsibility to have and present witnesses and evidence with you at the time of your hearing. Written statements from someone that has knowledge of what has happened are not admissible in court. You will need to make sure that person is in court on that day. If your witness does not wish to appear voluntarily, you can contact the Clerk’s Office to inquire about obtaining a witness subpoena.
The Final Order is valid from the date the order is issued until further order of the court. Only the Judge can excuse or waive any provision, specified in the Order. The Petitioner or Respondent may motion the court to modify or dissolve an injunction at any time. Forms for modification, dismissal, extension, and enforcement may be obtained from the Clerk of Circuit Courts Office.
Types of Injunctions
Domestic violence includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to petitioner by any of petitioner’s family or household members. In determining whether you have reasonable cause to believe you are in imminent danger of becoming a victim of domestic violence, the court must consider all relevant factors alleged in the petition, including, but not limited to the following
Repeat violence includes two (2) incidents of violence, threats of violence, or stalking committed by the respondent, one of which must have been within six (6) months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member. Any person, who is the victim of repeat violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against repeat violence on behalf of the minor child, has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence.
Dating violence between individuals who have had or still have a continuing and significant relationship of a romantic or intimate nature. Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child.
- A dating relationship must have existed within the past six (6) months
- The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties
- The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the relationship
If you are a victim of sexual violence or the parent or legal guardian of a minor child who is living at home and is a victim of sexual violence which includes but not limited to:
- sexual battery
- lewd or lascivious acts
- any other forcible felony wherein a sexual act is committed or attempted
To request an injunction, you must have reported the sexual violence to a law enforcement agency and be cooperating in the criminal proceeding if there is one. It does not matter whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney’s office. You may also seek an injunction for protection against sexual violence if the respondent was sent to prison for committing one of the sexual violence crimes listed above against you or your minor child living at home and respondent is out of prison or is getting out of prison within 90 days of your petition. Attach the notice of inmate release to your petition.
Stalking includes the repeated following, harassment, or cyberstalking of one person by another. Cyberstalk means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or using electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person, and serving no legitimate purpose.