|
Special Services
Frequently Asked
Questions
|
|
Q |
Where do you go to file a petition for injunction? |
A |
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 Boulevard, Stuart, FL 34994. |
|
|
Q |
What are the fees to file a petition for injunction? |
A |
There are no fees to file for an injunction. |
|
|
Q |
What happens after a petition for injunction is filed? |
A |
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 Petitioner. The Petitioner must return to the Clerk’s Office to pick up his/her copies.
|
|
|
Q |
What if the Judge denies my request for an injunction? |
A |
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. |
|
|
Q |
Who needs to go to the hearing? |
A |
Both parties need to appear at the hearing. An attorney is recommended, yet is not required. |
|
|
Q |
What happens in court? |
A |
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. |
|
|
Q |
How can an injunction be modified or dissolved? |
A |
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. |
|
|
Q |
What if an injunction is going to expire and I want to keep it in effect? |
A |
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. |
Q |
What if a person violates an injunction order? |
A |
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. |
|
|
Q |
Where do you go to file a petition for a Baker or Marchman Act? |
A |
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 Boulevard, Stuart, FL 34994. |
|
|
Q |
What are the fees to file a petition for a Baker or Marchman Act? |
A |
There are no fees to file for filing these petitions. |
|
|
Q |
What happens after a petition is filed? |
| A |
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. |
|
|
Q |
What happens if the Judge signs an order for Involuntary Examination or Involuntary Assessment & Stabilization?
|
A |
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.
|
|
TOP OF PAGE |
