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What is domestic violence?

There are two definitions for domestic violence, Legal and Social:

1. Legal Definition: Florida Statute §741.30 - Domestic Violence: Domestic Violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit. Your relationship with the person whom the injunction is being filed against must be that of:
   • a spouse
   • an ex-spouse
   • a relative by blood or marriage who currently lives with you or who lived with you in the past
   • anyone who lives or has lived with you in the same dwelling as a family unit, or
   • anyone with whom you have had a child, with or without having lived together
2. Social Definition: Domestic violence occurs when one intimate partner uses physical violence, coercion, threats, intimidation, isolation, and/or emotional, sexual, and economic abuse to maintain power and control over the other intimate partner. It is both a crime and a serious family matter.

Where do I go for help with filing an injunction (restraining order)?

There are several court in the community (listed above) where Intake Unit staff are available to assist persons with filing for an injunction. They will also help with referrals to social service agencies in the community, safety planning, and procedural information about the court process.

There are procedures in place which make it possible to obtain an injunction in Palm Beach County 24 hours a day, 7 days a week.
Office Hours:
Monday - Friday, 8:00 a.m. - 5:00 p.m.

Extended Emergency Hours for Obtaining an Injunction:
Weekdays or Weekends, after 5:00 p.m.:
Call 211 or Palm Beach County Victim Services / Crisis Unit (561) 833-7273

What are the hours of operation?

Office Hours:
Monday - Friday, 8:00 a.m. - 5:00 p.m.

Extended Emergency Hours for Obtaining an Injunction:
Weekdays or Weekends, after 5:00 p.m.:
Call 211 or Palm Beach County Victim Services / Crisis Unit (561) 833-7273

The injunction process begins when you file for an injunction at one of the intake locations listed above. The Intake Unit staff will help you complete all the necessary paperwork, which is taken to a judge to review. If the judge decides the sworn allegations contained in the paperwork meet the requirements of Florida law for the issuance of an injunction, the judge will enter a Temporary Injunction, which will be valid for 15 days. A hearing will be set within 15 days, and the Sheriff's Office will attempt to personally serve the person who the injunction is filed against (the respondent) with the injunction paperwork.

The Temporary Injunction can require the respondent to have no contact with the person filing the injunction (the petitioner), stay away from the petitioner's home and workplace, vacate a shared residence, award temporary custody of minor children and require the surrender of firearms.

At the court hearing, the judge will decide whether to grant a Permanent Injunction after taking testimony from the parties and witnesses, and considering any evidence which is presented. If a Permanent Injunction is granted, it will be effective until it is changed or ended by the judge at either party's request, after notice and hearing, or until a specific date set by the judge (i.e., 1 year, 3 years, 5 years, etc.). The Permanent Injunction can require the respondent to have no contact with the petitioner, stay away from the petitioner's home and workplace, award custody, visitation, child and spousal support, and require the surrender of firearms. The Permanent Injunction can also order the respondent to attend a batterers' intervention program and victims and children can be referred to support groups and counseling programs, free of charge.

How much does it cost to file for an injunction?

There is no charge for the injunction.

How long does an injunction last?

The time length of an injunction varies from case to case. Make sure you read your injunction (temporary or final) carefully and understand what is says. The DVIU is available for any questions or concerns you may have.

When an injunction expires, can I get another one?

Yes. if your injunction has expired, you must out another petition for an injunction for protection against domestic violence. If your injunction has expired you may request an extension of the injunction by filing a motion for extension. The DVIU offers these forms and help filling them out.

What constitutes a violation of an injunction?

Any of the following constitutes a violation of an injunction:

1. Refusing to vacate and/or stay away from a dwelling.
2. Going to the petitioner and/or any named family or household member.
3. Committing an act of domestic violence against the petitioner.
4. Committing any other violation through an intentional unlawful threat, word, or act of violence to the petitioner.
5. Refusing to dispose of any firearms.
6. Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party.

How can I get an injunction dismissed or dropped?

If you would like to get your Temporary Injunction dismissed, you must tell the judge at the time of your hearing. The judge will not consider dismissing the injunction before the hearing date. You should appear in court on your hearing date and explain why you no longer need this protection from the court. If you have a Permanent Injunction and you would like to request that it be dismissed, you need to file a motion or write a letter to the judge and mail it or bring it in person to the intake location where you filed for the injunction.

If you know you have a scheduling conflict and will not be able to attend your court hearing on the date it is set for, file a motion or write a letter to the judge asking for a new hearing date and mail it (if it will get there before the hearing date) or bring it in person to the intake location where you filed for the injunction.

If you realize that you have missed your court date, immediately write a letter to the judge asking for a new hearing date or bring it in person to the intake location where you filed for the injunction. Include your case number, judge's name, and phone number where you can be contacted (unless it is confidential) on your motion or letter. If you have any questions, call the Domestic Violence Intake Unit.

If circumstances have changed since you got your injunction and you would like the judge to consider changing any of the conditions of the injunction, such as custody, visitation, and/or child support, you need to file a motion or write a letter to the judge requesting that a hearing be scheduled for this purpose. You should mail it or bring it in person to the intake location where you filed for the injunction. Include your case number, judge's name, and phone number where you can be contacted (unless it is confidential) on your motion or letter.

For more information on changing the terms of your injunction call one of the above telephone numbers.

What do I do if the person I filed the injunction against (the respondent) violates the injunction?

If the respondent violates the injunction by coming into personal contact with you, call 911 (the police) to report the violation and ask for their immediate assistance. If the respondent leaves or commits some other type of violation, such as telephone or mail contact, go to the intake location where you filed for the injunction, prior to 4:00 p.m. Monday through Friday, to start the process to file for an injunction violation.

Where can I get information about my domestic violence-related criminal case?

You can get information about your domestic violence-related criminal case by calling Domestic Violence Intake Unit or the Domestic Violence Division at (561) 355-6316. You can also call the State Attorney's Office (DOVE Unit) at 355-7433.

Where can I get information about my divorce case?

You can get information about your divorce case by calling the Clerk's Office at (561) 355-8385 or 355-8386, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

How is the Drug Court different from normal prosecution through Criminal Court?

Drug Court is a team driven, non-adversarial court process, led by a Drug Court Judge. It is a prosecutorial diversion program in which pending substance abuse charge(s) are withheld for one year. If the defendant successfully completes the one-year minimum Drug Court program and meets all program criteria, the charge(s) will be dismissed.

Who is eligible for Drug Court?

In order to enter drug court, a candidate must be charged with one of the following drug related felony charges: sale of a controlled substance, possession of a controlled substance, attempted purchase of a controlled substance, obtaining a controlled substance by fraud, or possession of a controlled substance with intent to sell. A criminal record check must disclose no other pending felony charges, no prior violent felony convictions, and no domestic battery convictions. To enter the program the offender must be at least 18 years of age.

How long does the Drug Court Program last?

The Drug Court Program is a minimum of twelve months in length and is dependent on individual progress and compliance.

What are the benefits of Drug Court for offenders who successfully complete the program?

Clients are given the opportunity to participate in treatment and avoid incarceration while maintaining their employment. While participating in this program a client's driver's license will not be suspended as a result of this case; also, participants may avoid inpatient treatment as long as they succeed in the outpatient program. Program graduates are able to resolve their criminal case without a conviction, as charges are dropped upon successful completion, and first-time offender's records can be sealed or expunged.

Who Qualifies for the Program?

The program is available to persons over the age of 60 who may be involved in the court system, who may have age-related issues, or who may have questions regarding available community services.

Can the Elder Justice Center Answer My Legal Questions?

Staff of the Elder Justice Center cannot provide legal advice. The Elder Justice Center can provide guidance to court and community services and may be of assistance up to and including referrals to legal services.

What is the Family Violence Intervention Program?

The Family Violence Intervention Program is a pre-trial diversionary program, allowing first-time juvenile domestic violence offenders to mediate conflicts and seek alternative resources, rather than proceeding directly to court. Participants have the opportunity to resolve family conflicts, receive counseling to deter future violent acts and potentially avoid a family breakup. Case plans are devised in mediation, and the child and family are supervised for six months after mediation.

What services does this program provide?

As an alternative to court proceedings, the program provides opportunities for first time Juvenile Domestic Violence Offenders and their victim/families to receive and complete mediation services as well as Domestic Violence education and family counseling referrals in order to reduce incidents of domestic violence.

Is there a cost for this program?

No.

Are these services available to everyone?

Services are voluntary for first time juvenile offenders charged with domestic violence.

Can a case be sent back to court?

If the youth commits another violent offense, commits another criminal offense, or runs away, the case is immediately sent back to court. Non-compliance of the case plan by the participant or family may also result in sending a case back to court for prosecution.

My child is having problems at home and school, can I enroll him/her in this program?

No. Cases are only accepted upon referral from the State Attorney's Office.

Where is the program located?

The program is located at the Main Judicial Complex in the Juvenile Wing, Room 5.1715.

What are the hours of operation?

The hours of operation are Monday - Friday, 8:30 a.m. - 5:00 p.m.

Contact the program directly at (561) 355-1664.

What is the Palm Beach County Pretrial Services Program?

The Palm Beach County Pretrial Services Program (PTS) provides verified information to the First Appearance Court Judge so that informed decisions may be made regarding bond and Public Defender representation eligibility. The Intake Unit also acts as an informational source for defendants released on "straight" Own Recognizance (O.R.) Bond.

Jail inmates scheduled to appear in First Appearance Court are interviewed by staff. That information is verified and presented to the Judge, while also being made available to the State Attorney and Public Defender. Interview information measures stability within the community as well as financial information used to determine whether or not the individual qualifies to be represented by the Public Defender.

Is there a cost for the services?

No.

Where is the program located?

Administrative offices for the program are located at the Criminal Justice Complex, Room S108.

What are the hours of operation?

Administrative office hours: Monday - Friday, 8:00 a.m. until 4:30 p.m.
Interviewing for First Appearance Court takes place 365 days per year.

Who do I contact if I have additional questions about the Pretrial Services Program?

Questions about the Pretrial Services Program can be answered by calling (561) 688-4620.