IF YOU ARE A DOMESTIC VIOLENCE VICTIM: 

• Call the police in an emergency or file a report about the violence.

• Call the domestic violence hotline in your county to talk, get information or ideas, find a shelter or make a safety or escape plan.

• Seek an Injunction.  An Injunction for Protection is a court order entered by a judge directing the respondent to refrain from any “…assault, aggravated assault, 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/was residing in the same single dwelling unit”. (F.S., Section 741.28).

In an injunction, the court can order:

• The respondent to have no direct or indirect contact with the petitioner.

• The respondent to stay 500 feet away from the petitioner’s home, school and place of employment.

• The respondent to turn over to law enforcement all firearms.

• The respondent to be evaluated and continue treatment for health concerns, substance abuse, anger management or batterer’s intervention program.

• Temporary custody, visitation and support.

File a petition for Injunction for Protection between 8:30am and 3:00pm at the Domestic Violence Division at:

Charlotte County Justice Center, 2nd Floor

350 E. Marion Avenue

Punta Gorda, FL   33950

(941) 637-2162

(941) 637-2265

(941) 505-4761

 

Charlotte County Administration Building, 4th Floor

18500 Murdock Circle

Port Charlotte, FL 33948

(941) 743-1945

 

Charlotte County Clerk

Englewood Branch

4318 North Access Road

Englewood, FL 34224

(941) 474-7895

 

Collier County Courthouse

Building L - Sixth Floor

3301 E. Tamiami Trail

Naples, FL 34112

(239) 732-2760

 

Glades County Courthouse

500 Avenue J

Moore Haven, FL

(863) 946-6011

 

Hendry County Courthouse, Third Floor

Corner of Highway 80 and 29

LaBelle, FL

(863) 675-5217

 

Lee County Justice Center

First Floor

1700 Monroe Street

Fort Myers, FL 33901

(239) 335-2884

Gather any evidence you may need for your Injunction hearing.  Bring a timeline of the abuse, including dates, place and witnesses.  Also bring photographs, documentation of injuries, medical and/or police reports. 

• See your physician for injuries and consider having your doctor document the incident that caused the injuries.

• Talk to a friend, family member, neighbor or someone you know and trust.  Ask for help.

  AT HOME: 

• If you move, put the rent, phone and utilities in someone else’s name.

• Make sure all locks and lights work properly.

• Install door, window, and smoke alarms.

• Get an unlisted phone number.

• Use a post office box instead of a street address and check it during busy hours only.

• Report suspicious things to the police.

• Make special arrangements to pick-up children from daycare or school.

• Ask daycare or school to phone you about any unusual contact by the abuser.

• Have another person deliver and pick-up children if judge orders visitation.

AT WORK:    

• Ask someone to screen your calls.

• Ask someone to watch out for you.

• Plan your entry and exit each day.

• Keep a copy of your injunction at work.

• Let others know about the injunction.

• Have a signal for help (whistle or alarm).

• Find a safe room with a phone to use in an emergency.

STATE ATTORNEY’S DOMESTIC VIOLENCE POLICY:

The home is supposed to be a place of safety, happiness, and security.  When that security is threatened by an act of violence, a crime has been committed.  This office takes an aggressive stance against Domestic Violence.  As with any crime, the law views the crime of domestic violence as a crime against the State of Florida, not against a particular victim.  Therefore, the State Attorney’s Office is the only entity that can choose to either go forward with the case in court or not.  In order to reduce instances of Domestic Violence, this office will normally proceed to court if there is sufficient evidence to do so even if the victim changes his or her mind after the initial charge is filed and does not want the case to go forward.

A PARTNERSHIP WITH DOMESTIC VIOLENCE SHELTERS:

This office works in partnership with the various domestic violence shelters throughout the circuit, such as ACT, The Shelter for Abused Women, and CARE.  After an arrest is made, the shelter counselor will contact the victim to assess her/his condition and immediate needs, and explain to the victim the legal process of prosecution.  The counselor can also advise the victim on matters such as housing, obtaining counseling services, and protection plans.  The victim will be counseled at each and every stage of the prosecution both in the legal process, and in dealing with the emotional and psychological issues that arise due to being a victim of domestic violence.

DOMESTIC VIOLENCE DIVERSION PROGRAM:

While it is the goal of the State Attorney’s Office to maintain the safety of all its citizens, we also want to maintain the stability of the family unit.  That is why we have implemented a Domestic Violence Diversion Program designed to help eligible offenders, as well as victims of domestic violence.  The purpose of the Program is to effectively deal with the unique circumstances associated with domestic violence cases.  Not all cases are appropriate for the Diversion Program.  Crimes involving serious injury or repeat offenders will normally not be deemed appropriate for the program.  We will vigorously prosecute these offenders in the criminal courts.

After the initial input of the case into the criminal justice system, the file will be forwarded to an Assistant State Attorney for review.  A background check will be done to determine whether or not the defendant has any prior arrests or prior violations of injunctions for protection.  If there have been no prior arrests or prior violations of injunctions, and there is no severe injury to the victim, the defendant will be offered the opportunity to participate in a counseling program instead of being criminally charged.

The program consists of 26 weeks of counseling for anger management and other issues.  If it is determined that alcohol or drug use contributes to the problem, the defendant will also be required to seek counseling to deal with those issues.

In order to be admitted into the counseling program, the defendant must sign an agreement with the State Attorney’s Office waiving his/her right to a speedy trial, and agreeing to abide by all terms and conditions including, but not limited to, the following:

1. Complete all counseling programs,

2. Refrain from any violation of the law, and

3. No contact with the victim until the completion of the program, or until the victim requests contact and a counselor recommends it after speaking with both parties.

Should the defendant successfully complete the terms of his/her agreement with the State Attorney’s Office, the charges will not be further pursued.  However, if the defendant violates the agreement, we will proceed with criminal prosecution.

Further information concerning domestic violence is available from the State Attorney’s Office, or by contacting the agencies listed at the beginning of this section.