The law directs that in order for an act of domestic violence to occur, there must be the fear of harassment, violence, stalking or the fear of imminent danger.  Harassment as defined by law, means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such a person and serves no legitimate purpose.  A person who conducts a pattern of conduct composed of a series of acts over a period of time, such as calling someone’s residence or place of employment repeatedly, making threats and generally causing the person to be in fear, may be seen as a reason to seek protection.  

There are four types of violence as described by law:

1. Domestic Violence as defined by the statute, means any assault, battery, sexual assault, sexual battery, or any criminal offense resulting in physical injury or death of one family or household member by another residing in the same single dwelling unit.
    

2. Repeat Violence can be defined as two incidents, one which has occurred within the last 6 months of assault, battery, sexual battery or stalking upon an unrelated individual.   
    

3. Dating Violence can be defined as violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.      

4. Sexual violence means any one incident of

• Sexual battery, as defined in chapter 794;

• A lewd or lascivious act, as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age;

• Luring or enticing a child, as described in chapter 787;

• Sexual performance by a child, as described in chapter 827; or

• Any other forcible felony wherein a sexual act is committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced or dismissed by the state attorney.

If you feel that you are a victim of domestic, repeat violence, or dating violence act and/or law enforcement has not made an arrest, we encourage you to visit one of our offices to start the civil restraining order process.  You may obtain assistance in filing for an Injunction for Protection by appearing in person at one of the following locations:

Charlotte County Justice Center
350 East Marion Avenue
1st Floor - Domestic Violence
Punta Gorda, FL
941 637-2162
941 637-2264
941 505-4751

Office hours are 8:00 a.m. through 5:00 p.m. at the Justice Center in Punta Gorda.  Petitions can only be filed from 8:00 am - 3:00 pm. No petitions will be accepted after 3:30 pm, all files must be processed and with the Judge by 4:00 PM. It is recommended that victims request assistance as early in the day as possible preferably before noon, to allow time for the court to review your paperwork and the Sheriff to receive and process the court order. 

After completing the necessary forms and after taking your statement under oath, our office will bring the petition to the Judge's Office.  As soon as the Judge is available he will read the Petition.  At that time, if the Judge feels that the Emergency Restraining Order should be signed, he will do so, and our office will handle the remaining paperwork.

Effective July 1, 2003, there are no filing fees or Sheriff Service fees assessed for the following:
 

Petition Against Domestic Violence	Petition Against Dating Violence
Petition Against Repeat Violence	Petition Against Sexual Violence

After the papers have been served on the respondent, you will both need to appear in court on the scheduled date.  At that time, the judge will question both parties and make a determination as to whether or not he will issue an Injunction for Protection.  He may also request that one or both of you seek some kind of professional counseling.

Our office works hand-in-hand with the C.A.R.E. Crisis Center. After hours, on weekends or holidays call the Center for abuse and rape emergencies at 941 627-6000 for information on filing for an injunction and other assistance that may be available to you.