96-18-S, SUPERSEDES 96-9-S IN RE: DOMESTIC VIOLENCE INJUNCTIONS (F.S. 741.30 [1995]) – REPEAT VIOLENCE INJUNCTIONS (F.S. 784.046 [1995]): NEW ALLEGATIONS OF VIOLENCE AFTER INITIAL CASE DISMISSED – ORDERED 5/17/2996 BY JOHN DEAN MOXLEY, JR.
17-17-S: DOMESTIC RELATIONS – FAMILY DIVISION – STANDING TEMPORARY ORDER IN DOMESTIC RELATIONS CASES SUCH AS DISSOLUTION OF MARRIAGE, PATERNITY AND DOMESTIC VIOLENCE, SUPERSEDES 11-10-S – ORDERED 3/27/2017 BY JOHN D. GALLUZZO
In a Domestic Violence Injunction proceeding which is brought on behalf of a minor child where the allegations are that the child is the victim of direct physical violence and/or direct sexual violence, the minor child may be brought to the hearing to present testimony before the Court without need for a motion, hearing on said motion, and an order for the minor child to attend said court proceeding so long as said minor child is twelve (12) years of age or older. If a Domestic Violence Injunction proceeding is brought on behalf of the minor child and the minor child is less than twelve (12) years of age and/or the allegations are such that the domestic violence involves indirect physical violence, such as the violence occurred in the presence of the minor child; then said Court requires a motion and an order pursuant to Fla. Fam. L.R.P. 12.407.
WHEREAS, it is the intent of the legislature as expressed in Section 741.2901, 741.2902, 741.30, and 741.31, 784.046, and 784.047 Florida Statutes, that criminal prosecution shall be the favored method of enforcing compliance with injunctions for protection against domestic violence; and WHEREAS, the legislature acknowledges the Court’s inherent right to enforce compliance with injunctions for protection against domestic violence through indirect criminal contempt; and WHEREAS, the legislature directs the Court, the Clerk of the Circuit Court, and the State Attorney to develop procedures for the receipt and processing of violations of injunctions for protection against domestic, repeat, sexual, and dating violence, it has become necessary to review and revise existing procedures to conform with these new laws: