Both parties need to appear at the hearing. An attorney is recommended, yet is not required.
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You may file a petition with the Clerk of Court in the county where the Petitioner or Respondent resides, or in the County where the acts of violence occurred. To file in Martin County, bring either a completed, notarized petition or signed, photo ID to:100 E Ocean BoulevardStuart, FL 34994
There are no fees to file for an injunction.
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 Petitioner must contact the Clerk's Office to be advised of the decision of the judge. If a Temporary Injunction is granted, the Court will schedule a hearing within 15 days from the date the Petition was filed. The Respondent will be served by the Sheriff's Office with a copy of the Temporary Injunction and with a copy of all documents submitted by the Petitioner. The Petitioner must return to the Clerk's Office to pick up his/her copies.
If you have additional information you would like the Judge to consider, you may file a Supplemental Petition within 7 days of filing your original petition.
The hearing for an injunction will give both parties the opportunity to present their sides of the facts and/or evidence. The Judge has several options when making a decision in court. A Permanent Injunction may be entered, the case may be dismissed, or the case may be continued to another date.
An injunction can be modified or dismissed by completing a Motion to Modify or a Motion to Dissolve an Injunction. A hearing will be set for both parties to go before the Judge.
A Motion to Extend an Injunction would need to be filed with the Clerk of Court and a hearing would be set for both parties to go before a Judge. The Motion should be submitted at least one month prior to the expiration of the injunction in order to have enough time to set a hearing date.
If a Respondent violates an injunction, the Petitioner should call the Sheriff's Office. The Respondent may be arrested. If the Sheriff's office is unable to arrest the Respondent, the Petitioner can complete an Affidavit of Violation and submit it to the Clerk of Court. The Clerk will forward the information to the Sheriff's office for investigation. If charges are filed, the State Attorney may prosecute. This process could take up to 30 days.
You may file a petition with the Clerk of Court in the county where the Respondent is currently located. To file in Martin County, bring either a completed, notarized petition or your unsigned petition with photo ID to the Special Services Division located on the first floor, at:100 E Ocean BoulevardStuart, FL 34994
There are no fees to file for filing these petitions.
Once the petition is completed and is filed with the Clerk's Office. The Clerk's Office will forward the file to a judge. The Judge will review the petition to determine if the criteria has been met to order the respondent into involuntary examination or assessment. The petitioner must contact the Clerk's Office to be advised of the decision of the judge.
The Clerk's Office delivers the paperwork to the Martin County Sheriff's Office to be served on the respondent and deliver the respondent to the appropriate facility. The facility has up to 3 days to complete an evaluation on the respondent for the Baker Act and up to 5 days to complete an evaluation for a Marchman Act.