An Injunction For Protection Can Help You Shield Yourself

“Domestic violence is the only crime in which we ask the victim to leave everything behind, in order to be safe.”

This statement from Lynn Needs, director of the West Pasco Domestic Violence Shelter at the Salvation Army, left me speechless as I tried to picture what that is like.  I think she is right. 

Robbing a bank, drug possession or trafficking, identity theft and even some forms of terrorism do not put this type of burden on the victim of crime. If you work at a bank that is robbed, you can still go home to your dog, fish tank, car in the garage, household and family.

Victims of domestic abuse often don't get to go home, and they may need to seek an injunction for protection. An injunction for protection can help stop a husband from calling his wife, or messaging her on the phone or with emails, following her around town or having her followed or contacting third parties to interfere with her life.

 In spousal abuse cases, the abuser will often go into a cycle of violence called the "honeymoon phase" where he tries to charm and woo the victim back with flowers, candies, or declarations of love. The injunction for protection helps intercept that phase of the cycle of abuse so the victim can break free. It can also help protect the children.

It is already a crime and not a civil matter to beat your spouse or threaten his or her life, but the injunction for protection can add on charges.  If an abuser violates the injunction for protection at all, he or she can face being arrested.

According to Needs, sometimes even within the courthouse itself an injunction can be violated before the hearing begins.   

Legal advocates are available there at the clerk’s office to assist with filling out ex parte applications for injunctions. Ex parte is Latin for “by one party” or without hearing from the other side, and is usually reserved for urgent matters where requiring notice would subject one party to irreparable harm.

Then, a duty judge will choose whether to grant the injunction and serve the respondent.  Is it bulletproof?  No.  Is it guaranteed to be granted? No. 

As always, “it depends on the judge.”  A divorce case will be different from one involving people who are dating, Cases that involve minors will also be different. 

Often, an ex parte injunction for protection will be denied.  In that case, the person seeking the injunction will be able to request a hearing at a later time.

In the courthouse, there are volunteers and advocates for these return hearings on the judge’s docket. If the petitioner does not show up, then it is automatically dropped.

It is important to remember that a legal advocate from a domestic violence center is not your attorney and therefore is not your legal representative and cannot speak to the judge on your behalf.

Here are some resources for filing an injuncton for protection or seeking help with a domestic abuse case.

• Pasco County Clerk of Courts and Comptroller Paula O’Neil has information regarding injunctions for protection on her website at http://www.pascoclerk.com/public-courts-protective-injunctions.asp.      
• Blank forms and written instructions are available at the Clerk and Comptroller’s office.  There is no fee for filing for an injunction in Pasco County. Orders of protection are available for cases involving domestic violence, repeat violence, dating violence, and sexual violence. The West Pasco Judicial Center is located at 7530 Little Road, Suite 105, New Port Richey, FL 34654.  You can call 727-847-2411 Ext. 2211 for additional information.  The hours are from 8:30 a.m. – 5 p.m., Monday through Friday
• When there is sexual violence, West Pasco’s Salvation Army Domestic Violence Shelter helps coordinate with Sunrise of Pasco County, the only certified sexual assault  center for all of Pasco County.   The hotline number is 727-856-5797.  Domestic violence advocates are available 24 hours a day, seven days a week. 
• The Salvation Army Domestic Violence Shelter serves West Pasco County. It can be contacted at Post Office Box 5517 Hudson, FL 34674.  Its outreach services include courthouse assistance with injunctions for protection.

Both men and women can be hurt by domestic violence, but the majority of those who are served at domestic violence programs and who are victimized by this crime are women.