Policy Text
\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT
GENERAL ORDER
TITLE ACCREDITATION
Domestic Violence and Dating CALEA Chapter 55
Violence Injunctions
PRIOR REVISIONS:
PROPONENT UNIT 09/21/09, 03/26/18
Criminal Investigations Division (CID)
ATTACHMENT:
NUMBER ISSUE DATE REVISION DATE TOTAL PAGES
40.7 07/01/98 07/19/22 5
I. PURPOSE: This Order establishes a set of procedures to obtain, serve, and enforce domestic violence and
dating violence injunctions.
II. DISCUSSION: Pursuant to Florida State Statutes, law enforcement officers may use their arrest powers to
enforce the terms of an injunction.
A. Domestic Violence: Any person who is the victim of domestic violence or has reasonable cause to
believe he or she is in imminent danger of becoming the victim of any act of domestic violence has
standing in the circuit court to file a sworn petition for an injunction for protection against domestic
violence.
B. Dating Violence: Any person who is the victim of dating violence or has reasonable cause to
believe he or she is in imminent danger of becoming the victim of any act of dating violence, or the
parent or legal guardian of any minor child who is living at home and who seeks an injunction for
protection against dating violence on behalf of that minor child, has standing in the circuit court to file a
sworn petition for an injunction for protection against dating violence.
III. POLICY: The Gainesville Police Department shall institute and implement a set of procedures that enables
members to protect victims of domestic and dating violence and to assist those victims in obtaining and
enforcing domestic and dating violence injunctions.
III. DEFINITIONS:
A. Family or Household Member: Per Florida State Statute 741, includes:
1. Spouses,
2. Former spouses,
3. Person related by blood or marriage who currently reside together, or have
resided together in the past in the same dwelling unit.
4. Persons who are presently residing together as if a family or who have resided
together as if a family in the past,
5. Persons who are parents of a child in common, regardless of whether they
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B. Dating Violence: FSS 784.046(1)(d): Violence between individuals who have or have had a
continuing and significant relationship of a romantic or intimate nature. The existence of such a
relationship shall be determined based on the consideration of the following factors:
1. A dating relationship must have existed within the past 6 months;
2. The nature of the relationship must have been characterized by the expectation of affection or
sexual involvement between the parties; and
3. The frequency and type of interaction between the persons involved in the relationship must
have included that the persons have been involved over time and on a continuous basis during
the course of the relationship.
Note: The term does not include violence in a casual acquaintanceship or violence between
individuals who only have engaged in ordinary fraternization in a business or social context.
IV. PROCEDURE
A. Obtaining Domestic Violence and Dating Violence Injunctions:
1. Standing: Any person who is the victim of any act of domestic/dating violence or has
reasonable cause to believe he or she is about to become the victim of any act of
domestic/dating violence, has standing in the circuit court to file a sworn petition for an
injunction for protection against domestic violence.
The injunction may be sought by any family or household member as defined in
FSS 741 and 784. [CALEA 55.2.2]
2. Injunction Criteria:
i. The petitioner does not have to be represented by an attorney.
ii. Petitioner may seek an injunction regardless of whether there is any
other cause of action pending between the petitioner and respondent.
iii. That the petitioner left a residence or household to avoid domestic
violence does not affect his/her right to petition for an injunction.
3. Hours of Operation:
Normal Business Hours: During normal business hours a petition for an injunction may be
filed at the Civil Division of the Clerk of Courts Office, located on the first floor of the Alachua
County Court House (201 E. University Avenue).
If necessary, members shall assist victim in locating and contacting the Civil
Division.
B. Obtaining Injunctions After Hours: In an emergency situation on a weekend, holiday, or after
regular business hours, a temporary injunction for protection against domestic violence can be obtained
from personnel in the Records Section of the Alachua County Sheriff’s Office (ASO). Records clerks
have been trained and deputized as Deputy Clerks of the Court.
1. Providing Assistance: Department members should utilize the after-hours
service to assist a victim or potential victim who wants to apply for a temporary
injunction.
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2. Escorting Petitioner: Department members shall accompany the petitioner
during the process; and if the petitioner does not have transportation, Department members
shall provide transportation.
i. Prior to escorting or meeting the victim at the Alachua County Sheriff’s Office, the
investigating officer or Communications Center personnel will notify the Alachua County
Sheriff’s Office Shift Commander of when a person will be coming to file a petition.
ii. Department members will follow appropriate procedures when
transporting persons in Departmental vehicles.
This includes giving proper notification over the radio.
3. Furnishing Investigative Assistance: Upon arrival at the ASO Records Section,
Department members shall provide investigative details concerning the domestic violence
incident to the clerk.
A copy of the Domestic/Dating Violence Incident Report providing the required information
should be presented to the Clerk.
4. Providing Security: To provide support and safety for the petitioner, Department members
shall stand by at the ASO Records Section until the Injunction process is complete.
5. Transporting Petitioner: Upon completion of the injunction process, an escort may be
provided to the petitioner.
i. This escort may require a sworn/uniformed officer to return the victim back to his/her
home, to a family member’s residence, the home of a friend, or to a certified domestic
violence center.
ii. When a victim of domestic/dating violence seeks the safety of a certified domestic
violence center, Department members will make contact with the shelter and verify
vacancies and when necessary, transport the victim to the shelter.
C. Serving the Injunction: Since Alachua County Sheriff’s deputies are trained in the civil process;
they will serve domestic/dating violence injunctions.
1. Members shall request an ASO deputy via the ASO Shift Commander to meet or accompany
them to the respondent’s location to serve the injunction.
2. The respondent must be served in person with a copy of the injunction before the injunction
is enforceable.
3. The accompanying ASO deputy will be responsible for recording the service of the injunction,
and for doing the return through ASO’s civil office.
D. Documenting Service: Injunction service information shall be included in the GPD Investigative
Report.
1. A case report number will be assigned to all injunction and investigative
documents.
2. The deputy’s name who served the injunction will be included on the GPD Investigative
Report.
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E. Enforcement:
1. Verification: For an arrest to be made under the authority of an injunction, the police officer
will verify the effective date and expiration date of the injunction and ensure that the respondent
was served.
i. In cases where a victim of domestic/dating violence claims to have received an
injunction but does not have a copy of such injunction, Department members shall
confirm the existence of such injunction through the Alachua County Sheriff’s Office or
Clerk of Court.
ii. The Combined Communications Center should be able to ver