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

Once You File A Petition

The Judge’s Ruling

Your petition will immediately be sent electronically to the Judge. Be prepared to wait for the ruling. The Judge will make one of three decisions:  

In the first two instances, a hearing will be scheduled within fifteen (15) calendar days of your petition filing date. You are required to attend the hearing. The respondent will be served notice of the hearing as well.   

1. Determine that you need protection and sign a Temporary Injunction. 
2. Determine that your allegations do not meet Florida Statute requirements for a Temporary Injunction to be put in place but finds that a hearing is merited. 
3. Determine that your situation does not meet Florida Statute requirements for a Temporary Injunction to be put in place and that a hearing is not merited. 

Temporary Injunction Issued

If the facts contained in your petition convince the Judge that you are a victim of domestic violence or that an imminent danger of domestic violence exists, the Judge will sign an immediate Temporary Injunction for Protection. A temporary injunction is issued without notice to the Respondent. The clerk will give your petition, the temporary injunction, and any other papers filed with your petition to the sheriff or other law enforcement officer for personal service on the Respondent. The temporary injunction will take effect immediately after the Respondent is served with a copy of it. It lasts until a full hearing can be held or for a period of 15 days, whichever comes first. The Court may extend the temporary injunction beyond 15 days for a good reason, which may include failure to obtain service on the Respondent. If the Judge signs a temporary injunction, the clerk will provide you with the necessary copies. Make sure that you keep a certified copy of the injunction with you at all times!  

Hearing Set

The temporary injunction is issued ex parte. This means that the Judge has considered only the information presented by one side–YOU. The temporary injunction gives a date that you must appear in Court for a hearing. IF EITHER YOU OR RESPONDENT DO NOT APPEAR AT THE HEARING, YOU WILL BOTH BE BOUND BY THE TERMS OF ANY INJUNCTION ISSUED IN THIS MATTER.

If your petition is denied solely on the grounds that it appears to the Court that no imminent danger of violence exists, the Court will set a full hearing within 15 days on your petition. The Respondent will be notified by personal service of your petition and the hearing. If your petition is denied and you feel you have more information to provide to the judge, you may amend your petition by filing a Supplemental Affidavit in Support of Petition for Injunction for Protection.

 

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