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Juan Fernandez-Barquin
Clerk of the Court and Comptroller
Miami-Dade County

Domestic Violence

You can save time by completing the Domestic Violence Intake Questionnaire before visiting the Clerk's Office. Bring the completed form to any of our four intake locations.

Please be aware that the intake process takes a minimum of two hours. There are intake specialists at each location to assist.

A sheriff will attempt to serve the respondent with a copy of the pertinent court document. However, you will not have the protection of an injunction until service has been established. While the Clerk's Office does not charge filing or service fees, sheriffs may charge a service fee if the respondent lives outside of Florida.

Please call the Clerk's Office Domestic Violence Unit at 305-349-5813 if you have any questions.

Repeat Violence

Repeat violence is at least two incidents of an assault, aggravated assault, battery, aggravated battery, stalking, aggravated stalking or any criminal offense resulting in physical injury or death of the petitioner or an immediate family member. If you experience repeat violence, you can request a restraining order from the Clerk of the Courts. One of the incidents must have occurred within the past six months in order to file.

What is Domestic Violence?

Domestic violence is any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit.

An assault does not have to be physical violence. An assault can occur if someone intentionally threatens to cause you physical violence, even if they do not touch you.
  • Aggravated Assault - A threat that may have been verbal or physical and made you believe that serious harm could be done. If the person uses a deadly weapon when committing this act, it is an aggravated assault.
  • Battery and Aggravated Battery - An act of domestic violence becomes a battery when someone intentionally touches you without your permission and causes you great bodily harm, permanent disability or disfigurement. In addition, if the person uses a deadly weapon or if you were pregnant and the person knew or should have known, the act becomes an aggravated battery.
  • Stalking and Aggravated Stalking - If someone purposefully follows or harasses you repeatedly over a period of time for no legitimate purpose, which causes you a great amount of emotional stress. If they threaten your life or threaten to cause injury to you while stalking, with the intent to cause you to reasonably fear for your safety, then the act becomes aggravated stalking.

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