Domestic Violence

No one , not even someone you live with has the right to beat you or threaten you with violence.

If this is happening to you, YOU CAN TAKE ACTION.

There is a law to protect you.

Take action: Knowing your legal rights and other options is the first step toward ending the violence.

If you are being abused by your spouse or any other person related by blood or by marriage, who is or was living in the same home as you, there is a law that protects you.

Can this law help?

Yes . . . If this family member - or former family member - has abused you physically, or if you have good reason to fear that this person is about to be violent toward you. This special law in Florida enables you to get a judge to order the abuser to stop hurting you.

The paper that starts the whole process is called a Petition of Injunction for Protection Against Domestic Violence. This explains your story to the judge and tells the judge who you need protection from and exactly what protection you need.

What can the judge do for me?

After you file your petition, the judge can sign a Temporary or Permanent Injunction, or both. Either type of injunction, or order, will tell the abuser that he/she can no longer be violent toward you. A Temporary Injunction can be obtained on the same day you file your Petition, without a hearing and without the abuser knowing first. A Temporary Injunction lasts for a stated period of time not to exceed 30 days and is given to you by the judge when you are in immediate danger of being hurt.

What does the injunction do?

Some things the judge may order in the injunction are:

• That the abuser not commit any more acts of violence.
• That the abuser leave the home you share.
• That the abuser stay away from your home if you are not living together.
• That you have temporary custody of any children you and the abuser have together.

The judge can order other relief also, depending upon the circumstances. This is why the contents of the Petition and your attendance at all hearings is so important - so that you can tell the judge what you need and why you need it.

How can I get an injunction for protection?

Go to the courthouse in your county. Bring identification and any papers related to your case. Tell the clerk that you need an Injunction for Protection Against Domestic Violence. Tell the clerk all the facts of the case, and the different items you want the judge to order.

Pay the fees for filing the papers. If you cannot afford these fees, tell the clerk. You have the right to file this Injunction even if you cannot afford to pay the fees.

What if the abuse or threats happen again?

If the abuser disobeys the Injunction and threatens or physically abuses you, call your local law enforcement agency and show them the certified copy of the Injunction for Protection. In some cases, the officer will arrest the abuser. If the officer does not arrest the abuser, you can still file a Motion for Contempt at the county courthouse.

Domestic Violence Prevention Program

The Domestic Violence Prevention Program is a pilot project aimed at enhancing the safety of domestic violence victims and members of their households through the use and access of mobile cellular telephones.

• The cellular telephone is the property of the Bartow Police Department. It is provided to the victim only as a means of communications for calling the emergency number 9-1-1.
• Use of the cellular telephone does not provide the victim any different or improved protection than is provided to any other member of the public. The Bartow Police Department is not guaranteeing personal safety or that of family by loaning the cellular telephone.
• Victims must check in weekly with a Victim/Witness Advocate of the Bartow Police Department by telephone.
• Victims must notify a Victim/Witness Advocate of the Bartow Police Department of the following within 24 hours of occurrence:
  • Loss, theft or damage to the device
  • Change in residential status
  • Any arrest of victim
  • Perpetrator arrested

Criteria for consideration (includes, but is not limited to):

• Must be a resident of the City of Bartow
• Victim of domestic abuse and/or stalking
• Case filed with Polk County Law Enforcement Agency
• Victim is not living with perpetrator
• Perpetrator has past history of violence
• Current residential status of the victim (safe vs. unsafe)
• Victim who has been hospitalized or treated for injuries as a result of a battery
• Victims who have been battered while pregnant
• Victims whose abusers are incarcerated and are about to be released and who have made threats from jail

What if I have more questions?

Getting help can be a long and difficult process, but it is worth the effort and there are many people who will help you. If you are upset and have questions or if you need a safe place to stay, contact the Domestic Violence Center.