Domestic Violence

General Information | Domestic Violence FAQ's

General Information

The Domestic Relations Division of the Court Services Department, on the second floor of the Judicial Wing of the Hernando County Courthouse, handles the filing of injunctions for protection against domestic violence. Injunctions for protection against repeat violence for those individuals not covered by the domestic violence injunction are also filed in this division.

Domestic Violence FAQ's

WHAT IS AN INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE?
An injunction is a court order signed by a judge that can be served and or enforced by law enforcement. An Injunction for Protection Against Domestic Violence may be issued against a spouse or former spouse, a person related by blood or marriage, a person which you are presently living with or have formerly lived with as if a family, or against someone with whom you have a child in common, regardless whether you were ever married to that person or lived with them. If a person falling within one of the previous descriptions has committed a crime against you resulting in your physical injury, or that person has placed you in fear with words or physical acts and made you believe you would be immediately harmed by an unlawful act of violence, you may have grounds to ask the court for an Injunction for Protection Against Domestic Violence.

WHAT IS AN INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE?
An Injunction for Protection Against Repeat Violence may be issued if someone has committed two separate acts of violence or stalking, one being within the last six months, against you. The Injunction for Protection Against Repeat Violence is available for those individuals not covered by the Domestic Violence Injunctions. These are sometimes filed against neighbors, friends or co-workers.

WHAT INFORMATION WILL THE COURT NEED TO FILE A PETITION FOR INJUNCTION FOR PROTECTION?
In order for the Court to determine whether there is sufficient evidence to grant an Injunction, your Petition must contain certain information. This information must include specific facts and circumstances, including dates, which convince the Court that an immediate and present danger of violence exists. This information will assist the Court in determining whether or not the Respondent should be immediately restrained, without notice, from any contact with you, pending a full hearing. The information contained within your Petition will determine whether or not the court decides to provide you with the necessary protection as a victim of violence.

Other information required on the Petition will aid law enforcement agencies in locating and identifying the Respondent for the purpose of serving the appropriate paperwork (i.e., respondent’s physical description, date of birth, address where he or she can be located).

You must describe any previous or pending attempts you have made to obtain an Injunction for Protection or any other cause of action currently pending between you and the Respondent. You may keep your address confidential if you so request. There is a form available for you to complete.

You will be required to provide a valid picture identification, ie. driver’s license, to file the Injunction. You will also be required to sign, under oath, all the paperwork you complete.

WHAT HAPPENS AFTER I FILE THE PETITION?
The Clerk’s Office will forward the file to a judge. The judge will review the Petition, along with all the attachments, and render a decision.

The Court will rule whether your Petition meets the necessary criteria for the issuance of a Temporary Injunction. If you are granted a Temporary Injunction, the Court will schedule a hearing within 15 days from the date the Petition was filed.

AFTER A JUDGE HAS RENDERED A DECISION ON THE PETITION, WHAT HAPPENS NEXT?
Once the judge has rendered a decision, all the paperwork will be returned to the Clerk for processing. The Clerk will provide you with certified copies of the Temporary Injunction and Notice of Hearing. You must return to the Clerk’s Office to pick up these copies. You should keep these copies with you at all times.

The Clerk will also furnish you with a copy of the Temporary Injunction, Notice of Hearing, and the Petition for Injunction for Protection for you to take to the Sheriff of the County where the Respondent resides or can be located. If the Respondent is located out of Hernando County, the Clerk’s office may mail the packet by certified mail, return receipt. The Sheriff will serve the Respondent as soon as possible. THE INJUNCTION IS NOT IN EFFECT UNTIL THE RESPONDENT IS SERVED.

If the Sheriff’s Office is unable to serve a copy of the Temporary Injunction on the Respondent prior to the hearing date, you still must attend the hearing.

You are required to appear at the hearing to give testimony, under oath, regarding the exact circumstances of the violence against you. The judge will also give the Respondent the opportunity to testify, under oath, regarding the Respondent’s recollection of the alleged incident.

You will be provided a copy of the Order in which the judge renders his ruling from this hearing. This Order should be kept on your person at all times.

WHAT DO I DO IF THE RESPONDENT VIOLATES THE INJUNCTION?
If the Respondent violates any conditions of the Temporary or Permanent Injunction, you should first consider requesting the immediate assistance of local law enforcement. If the Respondent is not arrested, you may return to the Clerk’s Office for assistance in the preparation of an Affidavit of Violation of Injunction.

This will be reviewed by the Court and by the State Attorney’s Office for further action.

WHAT FILING FEES WILL I HAVE TO PAY IN ORDER TO FILE A PETITION FOR INJUNCTION FOR PROTECTION?
See our current fee schedule.

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