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IN THE CIRCUIT COURT OF FLORIDA, SEVENTH JUDICIAL CIRCUIT
IN AND FOR VOLUSIA COUNTY


RE: PROCEDURE FOR ISSUANCE OF EMERGENCY INJUNCTIONS FOR  PROTECTION AGAINST DOMESTIC VIOLENCE
REF: FM-2010-013-VL (Rescinds FM-2003-013-VL)

WHEREAS, §§ 741.29, 741.2901, 741.2902, 741.30 and 741.31, Florida Statutes, mandate certain procedures related to domestic violence, and

WHEREAS, § 26.20, Florida Statutes, requires a judge to be available on weekends, holidays, and after hours on weekdays, to consider ex parte motions for temporary injunctions in domestic violence cases;

NOW THEREFORE, I, J. DAVID WALSH, Chief Judge of the Seventh Judicial Circuit of Florida, hereby establish the following procedure for issuance of emergency Injunctions for Protection against Domestic Violence in Volusia County: 

  1. When responding to domestic violence complaints, law enforcement officers shall provide victims with written materials concerning Injunctions for Protection against Domestic Violence. Said materials should include, at a minimum: instructions for seeking an Injunction for Protection during normal business hours; instructions for seeking an Injunction for Protection on weekends and holidays at First Appearance Court; and instructions for seeking an emergency Injunction for Protection on weekends, holidays, and after hours on weekdays. The Volusia County Clerk of Court’s office shall provide law enforcement agencies with suggested language for said written materials, which may include more than the above-stated minimum. If a defendant is arrested and booked into the Volusia County Branch Jail as a result of domestic violence, the associated victim may seek an Injunction for Protection at a Volusia County court facility during normal business hours or at the Branch Jail on weekends and holidays.

  2. If, after following procedures established by the Clerk’s office, a victim elects to pursue issuance of an emergency Injunction for Protection, he/she must contact a Clerk employee who will make arrangements to meet the victim at the Branch Jail or some other designated location. The victim must make his/her own arrangements for transportation to the Branch Jail or other designated location.   

  3. The Clerk employee will assist the victim in the proper completion of a Petition for Injunction for Protection against Domestic Violence and other related paperwork.

  4. Upon completion of all paperwork, the Clerk employee will contact the Duty Judge by telephone, and inform the Duty Judge of the information contained in the Petition for Injunction for Protection against Domestic Violence.    

  5. If the Duty Judge determines that sufficient grounds for issuance of an emergency temporary Injunction for Protection against Domestic Violence do not exist, he/she will verbally instruct the Clerk employee to complete an appropriate denial order and advise the victim of that decision. The Clerk employee shall prepare a denial order in accordance with the Duty Judge’s verbal instructions, review it with the Duty Judge, date it, affix the Duty Judge’s conformed signature to it, certify that it is a conformed copy of the original order, and provide a copy to the victim. At the next available opportunity, the Duty Judge will affix his/her original signature to the original order and “nunc pro tunc” said order to the date of its oral issuance. Said “nunc pro tunc” order shall be filed in the appropriate court file.   The failure of the Duty Judge to sign the original order will not affect the validity of the order.

  6. If the Duty Judge determines that sufficient grounds for issuance of an emergency temporary Injunction for Protection against Domestic Violence exist, the Duty Judge will select one of the following methods for its issuance:

    a) Telephone:  The Duty Judge will verbally instruct the Clerk employee to issue an appropriate order granting the temporary Injunction for Protection against Domestic Violence and advise the victim of that decision. The Clerk employee shall prepare an appropriate order granting the petition in accordance with the Duty Judge’s verbal instructions, review it with the Duty Judge, date it, affix the Duty Judge’s conformed signature to it, certify that it is a conformed copy of the original order, provide a copy to the victim, and fax a copy to the Warrants Division of the Volusia County Sheriff’s office for service.  At the next available opportunity, the Duty Judge will affix his/her original signature to the original order and “nunc pro tunc” said order to the date of its oral issuance. Said “nunc pro tunc” order shall be filed in the appropriate court file. The failure of the Duty Judge to sign the original order will not affect the validity of the order.

    b) Facsimile:  The Duty Judge will instruct the Clerk employee to complete portions of an appropriate temporary Injunction for Protection against Domestic Violence. The Clerk employee shall then fax the proposed order granting the petition to the Duty Judge for consideration, completion and signature.  The Duty Judge will fax the completed order back to the Clerk employee who will certify that it is a copy of the original order, provide a copy to the victim, and fax a copy to the Warrants Division of the Volusia County Sheriff’s office for service. At the next available opportunity, the original, signed order shall be filed in the appropriate court file.

    c ) In Person:  The Duty Judge will instruct the Clerk employee to complete portions of an appropriate temporary Injunction for Protection against Domestic Violence. The Clerk employee will then contact the Volusia County Sheriff’s office, which shall transport the proposed order granting the petition to the Duty Judge for consideration, completion and signature. The Sheriff’s office will then return the original, signed order to the Clerk employee who shall provide a certified copy to the victim and fax a copy to the Warrants Division of the Volusia County Sheriff’s office for service. The original, signed order shall be filed in the appropriate court file.

  7. The Volusia County Sheriff is herewith authorized and empowered to accept a certified copy of a conformed, signed Injunction for Protection against Domestic Violence for service of process.

  8. Hearings on emergency temporary Injunctions for Protection against Domestic Violence shall be scheduled before assigned judges within 15 days of dates of issuance.


IT IS FURTHER ORDERED that the Court Administrator’s office shall prepare a notebook containing appropriate forms, orders, and other relevant materials for use by the Duty Judge. 

IT IS FURTHER ORDERED that Administrative Order FM-2003-013-VL is hereby rescinded effective February 1, 2010            .

This Order takes effect February 1, 2010.
 
TO BE RECORDED in Volusia County, Florida

DONE AND ORDERED in Daytona Beach, Volusia County, Florida this 28th day of January 2010.                                                               

/s/J. David Walsh
Judge J. David Walsh
Chief Judge