MONROE COUNTY SHERIFF’S OFFICE

General Order

CHAPTER:

 

TITLE:

057-A

 

Injunction Procedures

EFFECTIVE DATE:

NO. PAGES:

REVIEWED/REVISED:

August 19, 2009

2

September 11, 2019

REFERENCE:

 

RESCINDS:

 

 

 

Sheriff of Monroe County

 

 

I.PURPOSE: It is the purpose of this order to established standardized procedures for the processing of injunctions received for service.

II.POLICY: It is the policy of the Sheriff that all injunctions issued by the Court are processed in a timely and judicious manner to ensure the petitioning party is properly protected.

III.PROCEDURE:

A.CLERK OF COURT ACTIONS: When the Clerk of the Court receives an after-hours injunction, the receiving clerk will:

1.Fax the injunction to the appropriate Monroe County Sheriff’s Office (MCSO) substation

2.Call MCSO Communications to advise they are faxing an injunction and to which substation

B.COMMUNICATIONS DIVISION RESPONSIBILITIES: Upon receipt of telephone notification from the Clerk of Court, Communications will:

1.Open a CAD for the injunction

2.Verbally notify the appropriate on-duty patrol supervisor of the injunction being faxed

3.Note in CAD the assigned officer when advised by the supervisor

C.DEPUTY SUPERVISOR RESPONSIBILITY: Upon notification, the Patrol Supervisor will:

1.Place the CAD number on the injunction

2.Advise Communications of the identity of the deputy assigned for service

D.CIVIL DIVISION RESPONSIBILITIES: After receiving the original injunction from the Clerk of Court via courier, during regular business hours, Civil Division will provide the injunction and Descriptor Sheet to the Warrants Division.

E.WARRANTS DIVISION RESPONSIBILITIES: Warrants Division will enter the injunction information into FCIC/NCIC and SmartCOP Records Management System within 24 hours of receipt. This will be done for served and non-served injunctions.

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F.INJUNCTION SERVICE: The service deputy will:

1.Serve the injunction on the exact named individual only. Include the date, time and serving deputy’s name or ID number on the respondent’s copy. Substitute service is not legal.

2.Obtain the date of birth of the individual served

3.Complete the Injunction Service Record form

4.Fax the Injunction Service Record sheet for all served injunctions to Warrants (305) 293-7406

5.Return all served injunctions to the Civil Division with the accompanying Injunction Service Record attached

G.CANCELLED INJUNCTIONS: When an injunction is cancelled, the civil deputies/civil records clerk will provide the canceled injunction to the Warrants Division as soon as possible.

H.FINAL JUDGEMENTS/DISMISSALS: The Civil Division will provide the Final Judgments and Dismissals to the Warrants Division as soon as possible after receipt.

I.VIOLATIONS PRIOR TO SERVICE: If there is a violation of the injunction and the service has not been made to the respondent, the deputy may use the victim's certified copy. The deputy must still obtain the CAD number and complete the Injunction Service Record sheet.

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