If you are a victim of repeat violence, you may obtain assistance in filing for an injunction for protection against repeat violence at the office of the Clerk of the Court, Highlands County Courthouse, located at 430 South Commerce Ave, Room 102, Sebring.
In order to qualify for an injunction under Florida Statute 784.046, the respondent must have committed at least two (2) incidents of violence or stalking against the petitioner or the petitioner's immediate family. At least one of such incidents must have occurred within the last six (6) months. If you are filing for protection for your minor child, effective July 1, 1999, section 54 of the dependency bill cs/cs/sb 1666, requires you to have been an eye-witness to, or have direct physical evidence or affidavits from an eye-witness of the specific facts and circumstances.
Reference Chapter 784.046 of the Florida Statutes, and the dependency bill, cs/cs/sb 1666.
You must appear in person in the Clerk's office weekdays, 8:00 a.m. To 5:00 p.m. You should request assistance as early in the day as possible, preferably before noon, to allow time for the court to review your paperwork and for the Sheriff to receive and process the court order. Please be aware that the initial filing procedure takes approximately two hours.
You can ask for an emergency injunction order to be put into place the same day that you file, however, the Judge may deny the emergency protection, and consider your injunction at a hearing, to be held within fifteen (15) days. You will be advised of your court date on the day that you file. A hearing will be held on your petition, whether or not an emergency order is entered. If an emergency order is entered on the day that you file, it will only be valid until your hearing day. On your hearing day, do not wear shorts, and do not bring children. Arrive in room 305 of the Highlands County Courthouse fifteen (15) minutes before your assigned hearing time, and check in with the bailiff to assure that your hearing location has not been changed, etc. Please keep in touch with the Clerk's office. If you do not appear at the hearing, the Judge may instruct the Clerk to attempt to locate you, to assure that you are safe. To contact the Clerk's Office, please call (863) 402-6723.
The statements you make while filing for an injunction must be true and correct. You will be sworn under oath, and perjury is a criminal offense.
Please be aware that the Highlands County Safehouse provides counseling and safety for victims of violence. For further information about the safehouse, ask your Clerk.
Bring with you: Proper identification, if available. If you are unable to show proper identification on the day you appear to file, be prepared to show proper identification before or on your hearing day.
The attached petition completed in your own handwriting, if medically possible, using black legible ink.
Police reports furnished to you by law enforcement if available, and if applicable. Do not wait until any applicable police reports are available to file for an injunction. If the incident occurred recently, the report may not be available. Before your hearing day, go to the law enforcement agency, obtain the report, and provide a copy of the report to the court before or at your hearing.
Fees for filing the injunction are as follows: $100.50 payable to the Clerk of Courts, plus a $20.00 service fee payable to the Sheriff. If you are unable to pay the required fees at the time you file for the injunction, advise the Deputy Clerk assisting you and arrangements can be made. However, you must complete a financial affidavit & sign a sworn affidavit stating that you understand that the judge may tax you or your abuser at a later date.
L. E. "Luke" Brooker, Clerk of Circuit Court has a staff of qualified Deputy Clerks who stand ready to respond to your questions within the scope of their authority, and to provide you with the needed assistance in filing for protection against future abuse. If you need any further information please call the Clerk's Office at (863) 402-6723.
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