IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR HARDEE, HIGHLANDS AND POLK COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO  5-29.0

FAMILY LAW DIVISION CASE FILING PROCEDURES

WHEREAS, Chapter 61, Florida Statutes, provides for dissolution, support, and custody; proceedings under Chapter 61 F.S. are in chancery and are civil in nature, and

WHEREAS, Section 61.13, Florida Statutes provides for a permanent modifiable award of child support pursuant to the guidelines in 61.30 and continuing jurisdiction to the court which initially enters the child support order, and

WHEREAS, Section 741.2901, Florida Statutes provides that domestic violence be treated as a criminal act and not a private matter, and

WHEREAS, Section 741.30(6)(a), Florida Statutes provides for temporary child support and temporary visitation with a minor child as the court deems proper in conjunction with issuance of an injunction for protection, and

WHEREAS, Section 741.30, Florida Statutes provides that if a subsequent cause of action is filed under Chapter 61, any orders entered therein shall take precedence over any inconsistent provisions of an injunction issued under 741.28-741.31 which addresses matters addressed by Chapter 61, and

WHEREAS, Section 741.30(6)(b) provides that any relief granted by an injunction for protection shall not exceed a period of one (1) year, unless the victim petitions for an extension, successive periods not to exceed one (1) year, and

WHEREAS, it is necessary for the Clerk of the Courts to maintain separate case files for domestic relations matters and domestic violence for statistical and time standard purposes in accordance with Rules 2.080 and 2.085, Rules of Judicial Administration, and

WHEREAS, the judges of the Family Law Division of the Tenth Judicial Circuit recognize it is necessary to clarify filing procedures in domestic violence and domestic relations causes of action and enact uniform policies and procedures for filing cases in the Family Laws Division, and

WHEREAS, the judges of the Family Law Division of the Tenth Judicial Circuit have created the policies and procedures provided for in this Administrative Order for the purpose of setting forth standardized policies and procedures under which the Family Law Division, Domestic Violence Program and the Clerk of the Courts are to operate, and

WHEREAS, it is the intent of the Court that said policies and procedures shall be implemented by the Clerk of the Courts of the Tenth Judicial Circuit forthwith.

NOW THEREFORE, it is hereby,

ORDERED AND ADJUDGED that domestic violence causes of action shall not be consolidated with any other domestic relations matter including but not limited to dissolution, adoption, separate maintenance, or paternity causes of action nor shall any other domestic relations actions be filed in the domestic violence case. Accordingly, the Clerk of the Courts shall maintain each domestic violence case file as separate and identifiable cause of action. However, the Clerk of the Court shall determine if the same parties are involved in any previously filed domestic relations matter, and all domestic relations causes of action along with the domestic violence cause of action shall be assigned to the same section as the petition previously filed to ensure judicial economy.

This Administrative Order is effective NUNC PRO TUNC, July 1, 1996.

DONE AND ORDERED at Bartow, this

day of October, 1996, in chambers at Bartow, Polk County, Florida.

CHARLES A. DAVIS, JR., Chief Judge