IN THE CIRCUIT
COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
ADMINISTRATIVE ORDER NO. 2012-016 PI-CIR
RE: PINELLAS
COUNTY DATING, DOMESTIC, REPEAT, AND SEXUAL VIOLENCE
CIVIL INJUNCTION RETURN HEARINGS
STALKING CIVIL INJUNCTION RETURN HEARINGS - OCTOBER 1, 2012
The schedule for civil injunction return hearings is being modified in order to improve the processing of civil injunction cases and allocate additional calendar time for these cases, especially for domestic violence cases involving children.
The Legislature passed HB 1099, creating a cause of action for a civil injunction for protection from stalking. See Ch. 2012-153, Laws of Fla. This legislation is effective October 1, 2012, and calendars need to be established for this new cause of action.
Sections 741.30, 784.046, and 784.0485, Florida Statutes, require that a return hearing be conducted within 15 days of the issuance of an ex parte injunction. This Administrative Order modifies the schedule for return hearings for dating, domestic, repeat, and sexual violence injunctions and establishes a schedule for return hearings for stalking injunctions, effective October 1, 2012.
In accordance with Article V, section 2(d), Florida Constitution, Rule of Judicial Administration 2.215, and section 43.26, Florida Statutes,
IT IS ORDERED:
1. Petitions for temporary and permanent injunctions against dating, domestic, repeat, and sexual violence shall continue to be assigned in accordance with the procedures for assignment of family law cases, based upon the ZIP code of the petitioner or the petitioner’s attorney. Domestic violence petitions where the parties have a pending matter in a Unified Family Court (UFC) section shall be assigned to the UFC section. Petitions for temporary and permanent injunctions against stalking shall be assigned in the same manner.
2. The Clerk of the Circuit Court (Clerk) shall accept petitions for temporary and permanent injunctions against dating, domestic, repeat, and sexual violence at the Clearwater Courthouse, the St. Petersburg Judicial Building, and the Criminal Justice Center. The Clerk shall accept petitions for temporary and permanent injunctions against stalking in the same locations.
3. For petitions for temporary injunctions against domestic violence filed at the Clearwater Courthouse or the St. Petersburg Judicial Building, the Clerk shall present the petition to the section judge if the section judge is available. If the section judge is not available, the Clerk shall present the petition to the duty judge.
Except for petitions that are assigned to a UFC section, if a petitioner files a petition at a courthouse to which the petition has not been assigned, the Clerk shall present the petition to the duty judge at the courthouse where the petition is filed. For petitions that are assigned to a UFC section, the Clerk shall forward the petitions by facsimile to the Clerk at the Criminal Justice Center. The Clerk shall handle the petition as if it had been filed at the Criminal Justice Center in accordance with paragraph 5 of this Order.
4. For petitions for temporary injunctions against dating, repeat, and sexual violence filed at the Clearwater Courthouse or the St. Petersburg Judicial Building, the Clerk shall present the petition to the section judge, if the section judge is available. If the section judge is not available, the Clerk shall present the petition to the duty judge. If a petitioner files a petition at a courthouse to which the petition has not been assigned, the Clerk shall present the petition to the duty judge at the courthouse where the petition is filed. The Clerk shall present petitions for temporary injunctions against stalking in the same manner.
5. For petitions for temporary injunctions against dating, domestic, repeat, and sexual violence filed at the Criminal Justice Center, if a petitioner has a pending matter in UFC, the Clerk shall present the petition to the judge handling the pending matter. If the UFC judge is not available, the Clerk shall present the petition to the duty judge. If a petition is not assigned to UFC, the Clerk shall present the petition to the duty judge. The Clerk shall present petitions for temporary injunctions against stalking in the same manner.
6. Return hearings for petitions
assigned to a UFC section shall be scheduled on the calendar of the section
judge
7. Judges assigned to the
following sections are assigned to preside over injunction hearings on the
dates provided. Except as provided
herein, hearings shall be conducted every Wednesday in Courtroom M, 545 1st
Avenue N., St. Petersburg,
&
SEXUAL VIOLENCE
RETURN
HEARINGS
October
3 09 08
10 24 12
17 12 17
24 17 11
31 24 19
November
7 09 24
14 17 04
21 12 09
28 09 13
December
5 24 08
12 17 12
19 12 11
26 09 19
8. Judges assigned to the following sections are assigned to preside over injunction hearings on the dates provided. Except as provided herein, hearings shall be conducted every Thursday in Courtroom A, 315 Court Street, Clearwater, Florida.
315 Court St. &
SEXUAL
RETURN
HEARINGS
October
4 25 15
11 14 7
18 22 23
25 23 3
November
1 22 25
8 25 14
15 14 21
20* 23 20
29 25 15
December
6 14 7
13 22 3
20 25 22
27 23 25
*Injunction hearings moved to Tuesday due to Court holiday.
9. Judges assigned to the following sections are assigned to preside over injunction hearings for petitions for an injunction against repeat violence on the dates provided. Except as provided herein, hearings shall be conducted every Friday in Courtroom 11, Criminal Justice Center, 14250 49th Street North, Clearwater, Florida. Return hearings for petitions for an injunction against stalking are to be scheduled on the dates provided.
Criminal Justice Center STALKING
JUDGE
RETURN
HEARINGS
October
5 12 R
12 6 R
19 23 R
26 1 R
November
2 25 R
9 17 R
16 5 R
26* 14 R
30 24 R
Criminal Justice Center STALKING
JUDGE
RETURN
HEARINGS
December
7 2 R
14 22 R
21 9 R
28 12 R
* Injunction hearing moved to Monday due to Court holiday.
10. The Clerk is directed to docket the cases as follows:
Domestic violence cases with children shall be calendared on the assigned day at 9:00 a.m. and 10:30 a.m. calendars. The cases shall be calendared by first assigning a case to the 9:00 a.m. calendar and then assigning a case to the 10:30 a.m. calendar. The cases are to be equally divided between the 9:00 a.m. calendar and the 10:30 a.m. calendar.
Dating violence cases and domestic violence cases without children shall be calendared on the assigned day at 1:15 p.m. Sexual violence cases shall be calendared on the assigned day at 2:30 p.m. The 2:30 p.m. calendar shall also include dating violence, domestic violence with children and domestic violence without children with in-custody parties.
Repeat violence cases shall be calendared on the assigned day at 9:00 a.m., 10:30 a.m., and 1:15 p.m. The cases shall be calendared by first assigning a case to the 9:00 a.m. calendar and then assigning a case to the 10:30 a.m. calendar up to a maximum of 10 cases per calendar. Any additional cases shall be assigned to the 1:15 p.m. calendar. In-custody parties are to be brought to the hearing and may be scheduled on any calendar. Stalking cases shall also be included in these calendars.
When a petition for an injunction for protection against repeat violence is filed and a petition for an injunction against dating, domestic, or sexual violence has been filed with parties in common to the repeat violence case and a final injunction hearing has not been held on the petition for an injunction for protection against dating, domestic, or sexual violence, the Clerk must calendar such repeat violence cases on the same date and at the same location as the return hearing on the dating, domestic, or sexual violence case.
When a petition for an injunction for protection against stalking is filed and a petition for an injunction against dating, domestic, or sexual violence has been filed with parties in common to the stalking case and a final injunction hearing has not been held on the petition for an injunction for protection against dating, domestic, or sexual violence, the Clerk must calendar such stalking cases on the same date and at the same location as the return hearing on the dating, domestic, or sexual violence case.
These instructions on calendaring do not restrict the authority of the assigned judge to reset cases on a calendar when service of process has not been obtained. If the calendars are too large for the assigned judge or the duty judge to provide an adequate hearing, the assigned judge may move the hearing to later in the day in his or her sole discretion.
11. The duty judge must be available to handle overflow cases and otherwise provide assistance to the assigned judges. The duty judge must maintain sufficient time on his or her calendar on the assigned day so that the duty judge has time to handle return hearings and handle other duty matters. If the duty judge assignment conflicts with any other commitment, it is the obligation of the judge to make arrangements with a fellow judge to exchange this assignment. Judges assigned to the civil division should not be assigned duty or accept an exchange of duty assignment during jury trial weeks. It is the responsibility of the assigned judge to provide timely notification of the exchange to all persons affected by the exchange.
12. The back-up judge for repeat violence and stalking return hearings must be available to handle overflow cases and otherwise provide assistance to the assigned judges. Any other county judge designated by the back-up judge may also be called upon to handle overflow cases. If a county judge is not available, the UFC duty judge shall provide back-up assistance.
13. Post-judgment motions in dating, domestic, repeat, and sexual violence and stalking cases are to be heard by the assigned section judge.
This Administrative Order takes effect October 1, 2012, at which time Administrative Order 2011-051 PI-CIR is rescinded.
DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this _____ day of May 2012.
ORIGINAL
SIGNED on May 1, 2012
BY J. THOMAS MCGRADY, CHIEF
JUDGE
cc: All Pinellas Judges
The Honorable Bernie McCabe, State Attorney
The Honorable Bob Dillinger, Public Defender
The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County
The Honorable Bob Gualtieri, Sheriff, Pinellas County
Gay L. Inskeep, Trial Courts Administrator
Ngozi Acholonu, Assistant Regional Counsel
Myriam Irizarry, Chief Deputy
Director, Pinellas County Clerk’s Office
Paul F. Alexander, III, Director of Business Technology Services
Center Against Spouse Abuse, (CASA)
The Haven Domestic Violence Center
Bar Association, Pinellas County
Law Libraries, Pinellas and Pasco County