Palm Bay Police Department Victims' Services Unit
RESTRAINING ORDERS-HOW TO . . .
Everything You Wanted To Know About Filing A Restraining Order For Protection But
Didn't Know Who To Ask
Remember . . .
There are caring professionals that are concerned about your well-being and safety.
You don't have to go through this process alone and you have the right to a violence-free
life.
Victims' Services Unit
Palm Bay Police Department
130 Malabar Road S.E.
Palm Bay, Florida 32909
Phone (321) 952-3459
Fax (321) 952-3406
An Injunction for Protection is a request made to a judge asking that someone be courtordered to stop acts of domestic violence against you.
Two kinds of injunctions are available
Domestic Violence:
If you are the victim of domestic violence you have the right to petition the court for
protection. "Domestic violence" means any physical battery, sexual battery, assault or
even threatened assault.
Repeat Violence:
If the same person has been violent toward you twice within the last six months you may
file for an injunction. The court cannot act on threats alone; physical assault, battery or
sexual assault must have occurred.
How do I file for an injunction?
You can file for an injunction at the Clerk of Court's Office located in Melbourne or
Viera. You must appear in person at the Clerk's Office in either location on weekdays,
8:00 a.m. to 5:00 p.m. The Clerk of Court's Office has staff to assist you in preparing the
necessary paperwork accurately. Tell the Clerk that you need an Injunction for
Protection. Tell the Clerk all the facts of the case, including all the details that you want
the judge to be aware of. Bring identification and any papers related to your case (i.e.,
police reports, answering machine tapes, diary of events with dates and times, cards,
letters or notes that support your claims). You will be asked to describe in writing the
most recent event of abuse followed by all other events of abuse. There is a $50 fee
associated with filing an injunction; however, paperwork can be completed by the Clerk
of Court to waive this fee. The judge will determine whether there will be a fee at the
time of the permanent hearing and who will be responsible for it.
Melbourne Courthouse
50 Nieman Avenue
Melbourne, Florida
(321) 952-4600
Harry T. & Harriette V. Moore Justice Center
2825 Judge Fran Jamieson Way
Viera, Florida
(321) 633-1924
Once a temporary injunction is filed, what happens?
After you file your petition, the Judge will review it and decide if you are in immediate
danger. If they think you are, a temporary injunction can be obtained the same day you
file your petition, without a hearing and without the abuser knowing first. A temporary
injunction is in effect for up to 15 days. The Clerk will provide you with a copy of the
injunction. Another copy will be served (physically delivered) to the abuser by the
Brevard County Sheriff's Office and a third copy will be sent to your local law
enforcement agency within 24 hours.
Once I have filed the paperwork, can the abuser still have contact with me?
The injunction is active as soon as the judge signs it. However, the abuser may not be
served for several days to weeks, depending on the availability of the abuser to be
physically served. Therefore, keep a copy in your possession (car, purse, etc.) should you
be approached by the abuser before they have been served. If approached by the abuser,
notify your local law enforcement of their whereabouts to facilitate the serving process. It
is very important for you to always have a "safety plan" in place even after the abuser has
been served. You can confirm that the injunction has been served by contacting the
Brevard County Sheriff's Office, Civil Division Office at (407) 264-5207.
How does the injunction protect me?
Some things the Judge may order in the injunction include:
a. That the abuser STOP all acts of violence toward you.
b. That the abuser leave the home
you share.
c. That the abuser have NO CONTACT with you at all unless ordered by the judge.
d. That the abuser stay away from your home, school, place of work or places that you
spend time (like a family member's home).
e. That you have temporary custody of any children you and the abuser have together.
Once the judge issues a temporary injunction, what next?
The judge will set a date for a permanent hearing if they issue a temporary injunction.
Both you and the abuser will have a chance to speak at this later hearing. The judge may
grant a more permanent injunction lasting from one year to lifetime. Bring any
documents related to the abuse, such as police reports, cards, letters, answering machine
tapes and actual witnesses of the abuse, if possible. Any documentation of harassment or
threats since the temporary injunction was initiated is especially important.
What will it be like in court?
The abuser (respondent) may choose to be present at the hearing. If you are afraid of
seeing the abuser at the hearing, please notify the Clerk of Court Security to arrange
separate waiting areas. At the hearing, you will be asked to describe the events that led to
your filing of the petition. The abuser will also be asked about the events and may
confirm or deny your allegations of abuse. This is often an emotionally upsetting
experience to "re-tell" the events. You are encouraged to bring a friend, family member
or victim advocate with you for support. Also, there is free legal representation available
through Legal Aid and the Women's Center for the injunction hearing. Call the Palm Bay
Victims' Services Unit at 952-3459 to arrange for legal representation or advocacy
representation.
Once the petition for protection has been served, what other steps do I need to take?
The most important thing for you to do is maintain a safety plan. Also, provide a copy of
the Injunction papers to your employer, your children's school/daycare center and keep a
copy with you at all times. Report all incidents that violate the Injunction to the Palm Bay
Police or law enforcement agency where the violation occurred immediately. By not
reporting the violations of the injunction, the abusers are led to believe that they will not
be held responsible for their actions against you. Remember: An Injunction does not
guarantee your safety and does not take the place of a safety plan. It will, however,
permit law enforcement to arrest the abuser for any deliberate actions violating the
injunction.
If you don't have the Palm Bay Police Department's Victims' Services Unit brochure
titled: "Domestic Violence Safety Plan: Everyone Has the Right to be Safe!" call and
request the brochure at 952-3459.
What should I do if the abuser does not comply with the injunction?
If the abuser violates the injunction, call the police or 911. The police may arrest the
abuser when the officer has probable cause to believe that they have knowingly violated
or refused to comply with the injunction.
Violent individuals usually do not change their behavior without long-term treatment and
legal consequences such as injunctions and court-ordered treatment. Recognize that the
injunction may not be enough. Continue to maintain your safety plan and review it with
your children, family, friends, etc. Call the nearest Domestic Violence Shelter or
Women's Center and learn all you can about local resources.
Palm Bay Victims' Services Unit
952-3459
Serene Harbor Domestic Violence Shelter
726-8282
Clerk of Court - Domestic Violence
952-4604
What should I do if I file the injunction and move out of state?
An Injunction for Protection issued anywhere in Florida is valid in all of Florida's 67
counties. Injunctions for Protection issued in other states or countries are also enforceable
in Florida. However, anytime you relocate to another state or country, it is beneficial to
file a copy of your injunction with the local Sheriff's Office and the police department in
the town you reside.
Facts about Alcohol and Drug Abuse
Substance Dependency is a Disease
Alcohol is such a big part of American life today that we rarely stop to consider our
pattern of drinking. We drink wine with dinner, or have a few drinks after work, or even a
few beers while watching a ball game, but when a pattern of drinking begins to emerge, it
can become a problem.
Drug use in America is also more commonplace than it once was. In today's teenage
population over 90 percent have used alcohol. Over 50 percent have used marijuana, 17
percent admit to trying cocaine and 12.5 percent have used some form of hallucinogen.
Why Do We Drink or Use Drugs?
• Many people feel that it is necessary to drink or experiment with drugs when at parties
and social gatherings.
• Some people drink or abuse drugs as a way to cope with the daily stress and tension
from school or work, or to cope with other problems such as marital distress or even
physical illness.
• Alcohol and drugs may become a substitute for satisfying personal relationships,
challenging work or self-fulfillment.
• Some may use alcohol and drugs as a way to compensate for feelings of guilt, shyness
or low self-esteem.
When drinking or drug use becomes a means for coping with life's problems it can turn
into addiction. Unfortunately alcohol and some drugs have become more socially
acceptable, and this makes it even easier for people to experiment at younger ages. In
addition, alcohol and drugs are readily accessible to many of today's youth, which further
increases the likelihood that they will use substances at some time.
Did You Know?
• The average age of first experimentation with drugs is 13, and for alcohol it is even
younger. Drug use has been classified as a major problem for kids as early as fourth
grade by the students themselves.
• Alcohol is the most widely used drug in America. It is the third largest cause of death in
the United States, second only to heart disease and cancer. Alcohol and tobacco use are a
significant "risk factor"
in heart disease and cancer. It accounts for over 100,000 deaths per year in this country
alone. It is also the leading cause of death for people between the ages of 15 and 24.
• Alcohol and other drugs contribute to over 50 percent of all suicides and over 50
percent of all violent crimes.
• Over 60 percent of admissions to emergency rooms are either directly or indirectly due
to drug or alcohol usage.
• Over 50 percent of all traffic accidents involve the use of drugs or alcohol, with many
of these being fatal.
• It is estimated that drugs and alcohol are a factor in at least 80 percent of domestic
violence incidents.
• Alcohol and drug use contributes to 60 percent of all sub-standard job performance and
at least 40 percent of all industrial accidents.
• Alcohol and drug addiction are treatable. However, it is our most untreated disease in
the United States. It is estimated that 35 out of 36 alcoholics never receive treatment of
any kind. This number is increased significantly when drug addiction of all kinds is
included.
• More than 60 percent of college women who have contracted sexually transmitted
diseases, herpes or AIDS were intoxicated at the time of infection.
• 28 percent of all college dropouts are alcohol users.
• Between 1986 and 1996, Driving While Intoxicated (DWI) arrests were highest for 21year-olds.
• Individuals between the ages of 16 and 24 are involved in more than one-third of all
alcohol related traffic accidents.
• 95 percent of all college campus violence is alcohol related.
• More than 40 percent of all college students with academic problems are alcohol users.
Acute Physical Effects
• Increased heart rate and skin temperature;
• Impaired muscle control causing poor coordination, slurred speech, impaired motor
skills;
• Dizziness, vomiting, vision problems; and
• Loss of consciousness, respiratory arrest and death.
Acute Effects on Mental Abilities
• Judgment is frequently the first mental capacity affected by alcohol. Poor decision
making, rapid decision making, not being realistic in decisions is common;
• Poor attention and concentration;
• Loss of inhibitions-we say things or do things that we normally would not;
• Exaggerated emotion (anger, fear, anxiety, sadness); and/or
• Blackouts with loss of memory for events.
Long Terms Effects of Alcohol Use
• Nutritional deficiencies effecting mental abilities;
• Damage to physical organs including the brain, liver, heart, stomach;
• Breakdown of bone and muscle tissue;
• Memory loss or impairment;
• Impaired attention and concentration;
• Inability to get along with others;
• Difficulty coping with school or employment demands; and/or
• Alcohol withdrawal effects-tremors, excessive perspiration, hallucinations.
Do You Have a Drug or Alcohol Problem?
Denial is the main symptom of drug users and alcoholics. They deny that they really have
a problem. This makes it more difficult for them to be realistic about the extent of their
substance use, and to recognize that it may be a problem.
Test Yourself!
1. Have you ever felt like you should cut down on your drinking or drug use?
q Yes q No
2. Have you ever felt irritated by criticism of your drinking and drug use? q Yes q No
3. Have you ever felt guilty about your drinking, drug use or your behavior during its
use? q Yes q No
4. Do you ever take a drink or use drugs in the morning? q Yes q No
If you answered yes to one of these questions, the possibility that you are alcohol or drug
dependent is significantly increased. This may also mean that although you are not
dependent on drugs or alcohol at this time, you could become dependent if your pattern
of abuse continues.
If you answered yes to two of the these questions, it is very likely that you are dependent
on drugs or alcohol.
If you answered yes to three or four of these questions, there is a greater than 95 percent
chance that you are dependent on drugs or alcohol. Please seek assistance for your drug
or alcohol problem immediately.
What is the Next Step?
If you think that you may have an alcohol or drug problem there are many sources of
assistance that are available to you. For treatment or referral information:
• Speak to a counselor at Counseling And Psychological Services (CAPS) of Florida
Tech for assistance and/or treatment. CAPS offers many different alternatives to
outpatient treatment for substance abuse and dependence. Some available options
include: individual counseling, group counseling and networking with other inpatient and
day treatment programs in the local area. These options are all
tailored to each individual's needs. Call us as 768-8000 ext. 8050.
• Call the local chapter of Alcoholics Anonymous, Narcotics Anonymous or Cocaine
Anonymous. These numbers are all listed in the phone book.
• Speak with your family doctor about your current level of drug or alcohol abuse, and
request a referral to a treatment center or counselor that can help.
• Speak with your church priest or church minister. Discuss the different options that may
be available through your church for your substance abuse problems.
• Substance Dependency and Addiction is a progressive disease. These problems do not
normally improve on their own. When a pattern of dependence begins to emerge you not
only endanger your own life, but the lives of others may also be affected.
**If you are still unsure whether you have a drug or alcohol problem, please speak to a
CAPS counselor about a substance abuse evaluation. We will be happy to give you a
professional opinion about your use.
Florida Institute of Technology
Courtesy of Counseling and Psychological Services and Student Affairs
Think!
You don't have to drink . . .
The damage starts with the first drink . . .
Should I drink? In most states, if you are under 21 the law says "NO."
Although some people over 21 choose to drink, one-third of All-American adults have
decided not to. Some of the reasons they give for not drinking are:
• It's better for their health and fitness.
• They don't want the empty calories in alcohol.
• They don't like the taste.
• They want to feel totally in control of themselves.
• Their personal philosophies or religious beliefs don't include the use of alcohol, tobacco
or other drugs.
The bottom line is that nobody-youth or adult-ever has to drink. Smart people are
learning that it's perfectly OK to say "NO."
How do I say "NO" if someone offers me alcohol?
Odds are that long before you're 21, someone will urge you to drink. It may not be easy
to say "NO," but if you're feeling good about yourself and firmly believe that it's the
mature decision, saying "NO" won't be as hard. You can just say "NO," give reasons for
your choice, or say you have better things to do. Even though you may feel awkward in
this situation, remember that you have lots of support for saying "yes" to your health and
well being.
If I don't drink, what else do I need to know?
PLENTY. You may have friends or family members who drink. Or a date. And,
especially if the drinking gets mixed with driving, you need to know what alcohol is and
what it does to people.
How does alcohol work?
ALCOHOL IS A DRUG, like heroin or tranquilizers. It can alter moods, causes changes
in the body and become habit-forming.
Why is "liquor quicker"?
ALCOHOL ACTS FAST. That's because it isn't digested like food. It moves directly into
the bloodstream from the stomach and small intestines. Right away, alcohol is on its way
to the brain and other parts of the body. And it keeps circulating until the liver burns it
up.
Its no wonder people begin to feel the effect of alcohol quickly. But also remember that
IT TAKES A LONG TIME FOR THE EFFECT TO WEAR OFF. It takes approximately
two hours for the liver to burn up the alcohol of one drink if the drinker weighs 150
pounds; three hours if the drinker weighs 100 pounds.
And if the drinker keeps pouring in drinks while the first one is still at work, it's easy to
get into trouble.
Is alcohol an "upper" or a "downer"?
ALCOHOL IS A "DOWNER." It actually depresses the central nervous system. That's
why drinking too much causes slow reactions, slurred speech and sometimes even
unconsciousness ("passing out").
Why do drinkers act so crazy at times?
Alcohol works first on the part of the brain that controls inhibitions. And when people
lose their inhibitions, they may talk more, get rowdy and do foolish things. After several
drinks, they may feel "high," but really, their nervous systems are slowing down.
Which packs more "punch"-liquor or beer?
NEITHER. There is about the same amount of alcohol in a 12-ounce can of beer as there
is in a mixed drink that contains 1-1/2 ounces of liquor-or for that matter, in a 5-ounce
glass of wine. So don't let anyone tell you that "a few beers can't hurt." Just remember
that each BEER IS AS POTENT AS A SCOTCH-AND-WATER!
In what ways can alcohol mean trouble?
If you are under age, DRINKING IS A LEGAL PROBLEM anytime, anywhere. But it
can mean trouble in other ways too:
• People who are into sports know that drinking messes up timing and coordination. And
in most cases, ATHLETES WHO DRINK ARE NOT ATHLETES WHO WIN.
• NO ONE SHOULD EVER DRINK WHILE PREGNANT OR WHILE BREASTFEEDING. It can harm the developing baby.
• It's common knowledge that DRINKING TOO MUCH MAKES MANY PEOPLE
SICK. And needless to say, throwing up in public does not lead to popularity.
• Drinking even small amounts can affect driving ability. DRINKING AND DRIVING
CAN LEAD TO INJURY, OR EVEN DEATH, for the driver, passengers, pedestrians or
others. It doesn't do the car any good either.
• "Why did I do (or say) that?" is the common cry of inexperienced drinkers. They find
out pretty quickly that LOSING CONTROL OF ONESELF IS NOT FUN. IT'S
EMBARRASSING.
Will black coffee sober up a drunk person?
NO. The only thing that can sober up someone who drinks too much is time-time for the
alcohol to burn out of the system. Hot coffee and cold showers may wake the person up,
but HE OR SHE WILL STILL BE DRUNK.
How dangerous is drinking and driving, really? . . .VERY
DRINKING AND DRIVING ACCIDENTS ARE THE NUMBER ONE KILLER of
teenagers in the United States. Thousands died last year; thousands will die this year. It
can happen to your friends. IT COULD EVEN HAPPEN TO YOU.
While it's true that nobody can ever be totally safe from drinking drivers, smart teenagers
do three things:
1. They always say "NO" to alcohol.
2. They refuse to ride in a car with a drinking driver.
3. They drive defensively-always alert for other drivers on the road who may be drunk or
impaired by alcohol.
What's the legal limit for "driving under the influence"?
In most states, drivers are presumed to be under the influence when their blood alcohol
level reaches 0.08 percent. That's actually a very high level, and their chances of having
an accident increase long before they reach that rating.
The plain truth is that DRINKING AND DRIVING JUST DON'T MIX. Many people
don't know that even small amounts of alcohol can have a bad effect on driving. A driver
with a blood alcohol level of 0.07 percent may be legally safe, but not physically safe.
AND IF YOU ARE A PASSENGER IN THAT CAR, YOU ARE IN DANGER TOO.
How much can someone drink and then drive safely?
Simply put, NONE at all. Any drinking interferes with judgment, muscle control, vision
and reaction time-all very important for driving. And because no teenager has had much
experience with either drinking or driving, even small amounts of alcohol-say one beer an
hour-can interfere enough with driving ability to create a highly dangerous situation.
What are the penalties for drunk driving?
Convictions for driving under the influence can lead to serious penalties. In Florida, firsttime offenders can be punished by the following:
• A minimum fine of $250
• At least six-months revocation of the driver's license
• At least 50 hours of community service
• Mandatory attendance at a substance abuse education course.
Persons with two or more DUI convictions face:
• Mandatory imprisonment
• Increased fines and revocation periods
Additional penalties may be imposed for offenders with a Blood Alcohol Level of 0.20
percent or higher.
What do I do when I'm with a friend who drinks and tries to drive? . . .
DON'T GET IN THE CAR!
Your friend will probably feel that he or she can drive with no problem. Alcohol
sometimes causes a dangerous feeling of having more power or control than usual.
So, don't be fooled by what your friend says about being able to drive. It may seem easier
to go along, but both your safety and your friend's safety are at stake.
TAKE THE WHEEL YOURSELF. Or wait out the hours it takes until the alcohol leaves
your friend's body. TAKE THE CAR KEYS if you have to.
If nothing works and your friend insists on driving, don't go along for the ride.
GET A RIDE with someone else.
CALL ANOTHER FRIEND WHO IS SOBER, or call someone in your family.
TAKE A CAB. There's always another way to get where you're going.
RIDING WITH A DRINKING DRIVER ISN'T LOYAL OR DARING; IT'S JUST
PLAIN DANGEROUS.
How can I tell if someone has a drinking problem?
A problem drinker is a person whose DRINKING IS INTERFERING WITH ONE OR
MORE IMPORTANT AREAS OF LIFE-school, family, work, health, the law. More than
14-million Americans have problems with alcohol, and up to 20 percent of all 17- to 21year-olds have serious alcohol problems. That's one out of five.
If you think someone you know has an alcohol problem, talk it over first with a person
you trust. There are many sources for help, including clergy, school counselors, teachers,
doctors, hospitals, mental health centers, alcohol information centers, Alcoholics
Anonymous, and Al-Anon Family Groups.
Al-Anon includes a group called "Alateen" for teenagers who are children of alcoholics
or who have other family members or friends with drinking problems. You'll find their
numbers in the yellow pages of the telephone directory under "Alcohol."
Additionally, if you or someone you know has an alcohol problem, he or she can also get
direct help from:
Florida Tech's Counseling and Psychological Services
(321) 674-8050.
Play it smart. Think! It's your right to be in control of your body.
You don't have to drink, no matter what anybody says.
You don't have to drink!