RE: IMPLEMENTATION OF PROCEDURES RELATING TO VIOLATIONS
OF INJUNCTIONS FOR PROTECTION AGAINST DOMESTIC VIOLENCE


As a result of recent changes to the law which reinstates the Court's power to proceed on criminal contempt actions arising out of alleged violations of injunctions against domestic and repeat violence, it is necessary and appropriate that the responses of the Court, the Clerk of the Circuit Court, the State Attorney, and law enforcement be coordinated. The statutory provisions
contain alternate methods of pursuing such violations and some sections require designation by the Chief Judge regarding specific procedures.

Accordingly, the following procedures which the Court deems to be in conformity with present law are hereby adopted:

1) The Clerk of the Circuit Court shall:

a) assist those petitioners who contact their offices alleging a violation of an injunction for protection against violence.

b) following the preparation of a sworn Affidavit in Support of Violation of Injunction Order by the petitioner, immediately deliver same to the assigned Judge or to the Duty/Emergency Judge, if the assigned Judge is unavailable.

c) assist the petitioner in completing a Petitioner's Information Sheet and an updated Service Information form to assist law enforcement in effecting service upon or arrest of the respondent in the cause.

2) The assigned Judge, or the Duty/Emergency Judge if the assigned Judge is unavailable, shall:

a) review the affidavit and make a determination of appropriate further action.

b) execute a written order and submit it to the Clerk of Court with the affidavit. This order shall provide for further action deemed appropriate by the Court.

3) Upon receipt of the executed order, the Clerk shall immediately forward a copy of the Injunction Order, Affidavit in Support of Violation of Injunction Order, Petitioner's Information Sheet and the updated Service Information form to the State Attorney for review and action. The original affidavit and order shall be retained in the court file.

4) The State Attorney agrees to perform the function of reviewing the affidavit to determine if it alleges that a crime has been committed and to contact the appropriate law
enforcement agency to initiate investigation and arrest of the respondent/defendant if needed.

5) In conformity with the statutorily mandated procedures and the policies adopted by the State Attorney, intake shall be supervised by a prosecutor who has been designated and assigned to handle domestic violence cases. The State Attorney shall determine within thirty (30) working days whether to file criminal charges, or prepare a Motion for an Order to Show Cause, or both, or file a notice that the case remains under investigation or is pending subject to some other action.

6) The Clerk shall maintain appropriate records regarding the violations of injunctions and the action taken thereon to facilitate the reports required under FLA. STAT. §741.31(5) (1995).

DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida, this 25th day of August, 1995.

/s/Susan F. Schaeffer
Susan F. Schaeffer, Chief Judge