Collier County Clerk of the Circuit Court
Civil Department – Domestic Violence
3315 Tamiami Trail East, Ste. 102
Naples, FL 34112-5324
Phone: (239) 252-2646
Email: Family Law

 

Filing a Petition

  • There is no fee to file a petition for injunction.
  • A petition may be filed in the county where you currently or temporarily reside, where the Respondent resides or where the violence occurred.
  • In Collier County a petition may be filed at the Clerk’s Office located at 3315 Tamiami Trail East, Naples, Florida 34112, Monday through Friday between 8:00 a.m. – 5:00 p.m., excluding holidays or at 106 South First Street, Immokalee, Florida 34142, Monday through Friday between the hours of 8:00 a.m. – 4:45 p.m., excluding holidays. On weekends, holidays or after hours, you can file a petition at the sheriff’s office.
  • The Clerk’s office has partnered with our local domestic violence shelter, The Shelter For Abused Women & Children, in providing an advocate at the courthouse. The advocate can assist in answering questions and with filing a petition for an injunction. The advocate is located in the Domestic Violence department. 
  • It could take an hour or more to complete all documents. Since all paperwork must be submitted to the Court by 5:00 p.m., it is necessary for petitioners to submit all completed paperwork no later than 4:45 p.m. to ensure same day review by the Court.
  • The forms are available in the Domestic Violence department and are also available on our website. In addition, you may obtain Florida Supreme Court approved forms online at FLCourts.org. 
  • The Collier County Sheriff’s Office serves (hand delivers) certified copies of the Judge’s order to the Respondent for free in Collier County. A service fee may apply for out of county service.  
  • If the Respondent lives outside of the State of Florida, you will need to contact the Sheriff of the county that he or she lives in to obtain information about having court papers “served”. Provide information on where to mail the paperwork and provide the required fees to the Clerk’s office when you file your petition. 
  • A petition is filed by an individual against an individual. A Petition may not be filed by or against a group of individuals or an entity (such as a business).  
  • If you are a minor (under the age of 18), one of your parents or your legal guardian must file the Petition on your behalf. If you are filing against a minor, you must provide the first and last name of the minor child against whom you are filing as well as the first and last name of that minor’s parent or legal guardian.  
  • All information contained in a petition for injunction against domestic violence, repeat violence, dating violence, sexual violence, or stalking, will be confidential and sealed from public view until the Respondent has been served.  
  • If you do not want the Respondent to know where you are living, write “Confidential” anywhere your address is requested in the petition and the related forms. You should then fill out a Petitioner’s Request for Confidential Filing of Address form. This form will not be subject to public disclosure.  
  • You must provide the Respondent’s first name, last name and address. You should also provide a physical description of the Respondent, telephone number, work address and hours, vehicle description, and driver license number.  
  • Provide a brief, specific summary of any recent violence or stalking that the Respondent has committed against you. If you use general terms such as “violence” and “threats” you should include a description of the acts committed and/or words used. For example, scratching, punching, biting, kicking, throwing things at you, pulling hair, choking you, rape, destroying property, keeping you from leaving or from calling law enforcement.    
  • Sexual violence must have been reported to a law enforcement agency before you can file a petition for injunction.      
  • There must be 2 incidences of violence, one within the last 6 months, to file for a repeat violence injunction.
  • You must have a valid state issued identification such as a Florida Driver License or state issued Identification Card so that the clerk can notarize your paperwork.      
  • The Respondent will get a copy of everything that you write in the petition and all of the Court papers. You should contact a victim advocate and have a safety plan.      

 

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