IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2007-033 PA/PI-CIR

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RE: AFTER HOURS PROCEDURES FOR DATING, DOMESTIC, REPEAT, AND SEXUAL VIOLENCE INJUNCTIONS

Section 26.20, Florida Statutes, provides that at least one judge must be available after hours including weekdays after hours, Saturdays, Sundays, and holidays, to review ex parte motions for temporary injunctions in domestic violence cases. Circumstances may also require the issuance of an ex parte temporary injunction in dating, sexual, or repeat violence cases after hours.

In both Pasco and Pinellas County, the responsibilities of the Clerks of the Circuit Court and the Sheriffs should be specified to ensure that injunctions for protection can be issued after hours. Further, it is important to provide information to the public on how to access the duty judge for these purposes. Accordingly,

IT IS ORDERED:

1. When a person has reasonable cause to believe that he or she is the victim of dating, domestic, repeat, or sexual violence in accordance with the provisions of section 741.30 or section 784.046, Florida Statutes, and desires to seek an injunction for protection after hours, a person may contact the following:

EAST PASCO COUNTY	WEST PASCO COUNTY	NORTH PINELLAS COUNTY	SOUTH PINELLAS COUNTY
Sunrise of Pasco County, Inc. Dade City 352-521-3120	Salvation Army Domestic Violence Program Hudson 727-856-5797	THE HAVEN Clearwater 727-442-4128	C.A.S.A. (Community Action Stops Abuse) St. Petersburg 727-898-3671

If a program is unable to locate safe shelter for the litigant and the litigant’s children, or if the litigant chooses not to go to a shelter, the staff at the facility will call a deputy clerk who will meet the litigant at the Sheriff’s Office. In Pasco County, the litigant will meet the deputy clerk at a location selected by the deputy clerk based upon the location of the parties which will be either: the Sheriff’s Office, 8700 Citizen Dr., New Port Richey, the Pasco County Detention Center, located at 20101 Central Blvd. in Land O' Lakes, or the Sheriff’s Office in Dade City (if the Dade City office has deputies on site). In Pinellas County the litigant will meet the deputy clerk at Sheriff’s Administration, 10750 Ulmerton Road, Largo.

2. When law enforcement is contacted by an individual seeking an injunction for protection against dating, domestic, repeat, or sexual violence after hours, a law enforcement officer, in accordance with section 741.29, Florida Statutes, shall refer the litigant to the closest shelter listed in paragraph one. If the litigant chooses not to go to a shelter, the individual may speak with shelter personnel who will call a deputy clerk. The deputy clerk will meet the litigant at the Sheriff’s Office. In Pasco County, the litigant will meet the deputy clerk at a location selected by the deputy clerk based upon the location of the parties which will be the Sheriff’s Office, 8700 Citizen Dr., New Port Richey, the Pasco County Detention Center, located at 20101 Central Blvd. in Land O' Lakes, or the Sheriff’s Office in Dade City (if the Dade City office has deputies on site). In Pinellas County the litigant will meet the deputy clerk at Sheriff’s Administration, 10750 Ulmerton Road, Largo.

3. The Sheriff of Pasco County and the Sheriff of Pinellas County shall provide a location within the facilities specified in this order for a deputy clerk to meet with a litigant in order to complete a petition for an injunction for protection. The Sheriffs shall also make a facsimile machine available for the deputy clerk to send and receive a facsimile.

4. The Clerk of the Circuit Court in Pasco County and the Clerk of the Circuit Court in Pinellas County shall make the names and contact information for deputy clerks available to shelters in their respective counties. When contacted by a shelter, a deputy clerk shall go to the Sheriff’s Office and assist a litigant with a petition for an injunction for protection. The deputy clerk shall contact the duty judge and follow the instructions of the duty judge to transmit the petition to the judge.

5. In addition to the procedures specified in this Administrative Order, a petition for an injunction for protection may be submitted to the judge at advisories on weekends or holidays.

6. The duty judge shall review a petition either by having the deputy clerk transmit the petition by facsimile or by traveling to the Sheriff’s office and reviewing the petition in person. The duty judge shall report any problems with the after hour procedures to the Chief Judge.

DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida, this _____ day of April 2007.

___________________________

David A. Demers, Chief Judge

cc: All Judges

The Honorable Bernie McCabe, State Attorney

The Honorable Bob Dillinger, Public Defender

The Honorable Jed Pittman, Clerk of the Circuit Court, Pasco County

The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County

The Honorable Jim Coats, Sheriff, Pinellas County

The Honorable Bob White, Sheriff, Pasco County

Carol Heath, Executive Director, Pinellas County Clerk’s Office

Debbie Gay, Assistant Court Services Director, Pasco County Clerk’s Office

Gay L. Inskeep, Trial Courts Administrator

CASA

The Haven

Salvation Army Domestic Violence Program

Sunrise of Pasco County, Inc.

Bar Associations, Pasco and Pinellas Counties

Law Libraries, Pasco and Pinellas Counties