Civil Process FAQ

The Civil Office within the Brevard County Sheriff’s Office is part of the Judicial Process Unit. Judicial Process is comprised of Criminal Warrants, Civil, Validations and Teletype. The Civil Unit has three offices, one main and two satellite offices.

The information presented is not comprehensive. It does not provide legal advice, nor does it attempt to suggest a course of action if there are legal issues to be resolved. If you need legal advice, please contact an attorney. Our office is not permitted to provide legal advice nor can we recommend any specific attorney.

Types of Injunctions issued by the Courts

  • Dating Violence
  • Domestic Violence
  • Repeat Violence
  • Sexual Violence
  • Stalking
  • Vulnerable Adult

Types of Ex-Parte’s issued by the Courts

  • Marchman Act
  • Baker Act
  • Risk Protection Orders

 

Petitioner: How do I find out if an injunction has been served?

Please do not call our agency to find out if an Injunction has been served. These cases are confidential and we cannot release information over the phone.

  • During Normal Business hours.

The Petitioner can go to the closest Law Enforcement agency or the Clerk of the Court with a photo ID in person to find out if the injunction has been served.

 

  • After Hours/Weekends/Holidays

The Petitioner can call the non-emergency number and arrange to meet with a Law Enforcement officer to assist in finding out if the injunction has been served or not.  The petitioner must have a photo ID in person to present to the Law Enforcement Officer.

Brevard County Sheriff Office 

Non-Emergency (321)-264-5100


Judicial Process FAQ’s
1. Where can I obtain legal forms and information for filing a civil court case?
Go to the Brevard County Clerk of Court 
www.BrevardClerk.us and look under forms or go in person to the Clerk of the Courts Office.

2. How do I evict someone?

You can obtain an eviction packet from the Brevard County Clerk of the Court and it will explain the process for Eviction. You can obtain this information on-line at www.BrevardClerk.us or you can go in person to any of the Brevard County Clerk of Court Offices.

3. What can I do if my landlord and I are involved in a dispute?

The Sheriff’s Office cannot intervene on either party’s behalf unless a threat of violence has occurred or a crime has been committed against the involved parties. Referral information is available through the Landlord Tenant Citizen Dispute Program at 1-800-435-7352 (1-800-HELP-FLA) or www.fdacs.gov/division-offices/consumer-services, Landlord / Tenant Law.

4. Why can it take so long to get my civil paper served?

Some of the most common reasons that is takes so long for service are:

  • Inadequate or incomplete address information.
  • Not supplying an employment address and a telephone number.
  • No service instructions included.
  • No information for return of service.
  • No contact telephone number for you provided on Writs of Possession.

Delivery of Paperwork to a satellite office or main office and paperwork has to travel between offices.

5. How will I know when my process has been “served” or “not served”?

Once the process has been “served” or “not served”, a return of service is mailed to the plaintiff /the plaintiff’s attorney at the address provided. The plaintiff can also call Judicial Process at (321) 264-5207 to request a service check.

6. Do I need to pay for another service attempt on process that was a “not served” by the Brevard County Sheriff’s Civil Office?

Yes.

7. Why was my paperwork returned without an attempt at service?

  • At your request.
  • Received in this office with insufficient time for service.
  • Insufficient copies for service. Service copy must be provided by the individual requesting service.
  • Service address is not located in Brevard County.
  • Physical service address must be provided.
  • Court Seal is missing. Clerk has not signed or initialed, Original signature is missing.
  • Alias/Pluries must be issued. Re-file original with appropriate Clerk of the Courts office.
  • Sheriff’s non-refundable fee to be paid in advance per Florida Statute 30.231. Business check or money order must be payable to Brevard County Sheriff in the exact amount.
  • No personal checks accepted.
  • Check not signed.
  • Check not properly completed.

Cost Deposit not submitted or not correct amount.

8. Why can’t the Sheriff’s Office post my 5/20-Day Eviction Summons?

This type of civil summons requires personal service by Florida State Statute and can lead to service delays if filed together. The landlord or agent can separate these actions, which in return can speed up the eviction process by allowing the 5-Day Eviction summons to be posted after two (2) separate attempts within a 6-hour time frame.

9. Why does it take more than 24 hours to complete a Writ of Possession?

According to Florida Rules of Procedure and State Statute you cannot count the date of service or weekends and holidays in the 24-hour time calculation. The Sheriff’s Office does not serve on weekends or legal holidays. If the Deputy is having difficultly contacting you, this will delay the process.

10. How do I have legal papers served on a person or business outside of Brevard County?

You should contact the Sheriff’s Office within the county and state where the person or business reside so they can be served. The Clerk’s office within that county may also be able to assist you.

11.  I received a letter in the mail advising I have to pick up a summons within 10 days or a warrant will be issued for my arrest. Can someone else pick this up for me? No. Only the person named on the summons or their Attorney can pick up this summons.

12. What will happen when I come to pick up a summons?

When you come to the Sheriff’s Office to pick up your summons, you will be asked for Identification. The Precinct desk officer will contact the Judicial Process Unit and assign you a court date.