Judicial Section Details

CIVIL DOMESTIC VIOLENCE DIVISION SD02 PROCEDURES:

Final Injunction Hearings

You will receive a Notice of Hearing either by personal service or in the mail. FOLLOW THE SPECIFIC INSTRUCTIONS ON YOUR NOTICE OF HEARING, WHICH STATE whether your hearing is IN PERSON at the South Dade Justice Center, OR on ZOOM. Final injunction hearings are TRIALS. If you need additional time to hire an attorney or need additional time to have your witnesses and evidence ready, please inform the court upon your case being called.

You may be required to attend your hearing via a virtual Zoom courtroom. To access Zoom, you will need a smartphone or computer/laptop with video capability AND you must register with Zoom. Please be sure to follow ALL the instructions you receive.

For all Zoom hearings, video and audio appearance is required for all participants unless otherwise indicated by the Judge. You must be dressed for the hearing as if it were an in-person hearing. The Judge and court staff reserve the right to delay or cancel the hearing if you are not wearing clothing appropriate for a court appearance.

Please log on 10-15 minutes prior to your hearing time and make sure your device is fully charged. It is your responsibility to provide the Zoom information to any other witnesses that you want to testify in your case. Also, you must be alone in a room or an office during the entire hearing or with your attorney. Minors may NOT appear at any hearing without the Judge’s permission (see below).

If you are unable to access Zoom, please contact the Judicial Assistant immediately once you receive your notice to make alternative arrangements.

Courtroom Decorum – In person and Zoom

All individuals appearing for court before Judge Perez Santiago whether in person or through Zoom, must be appropriately dressed (no sleeveless tops, no non-prescription sunglasses, no hats on men) and cannot eat/drink, smoke/vape, chew gum or tobacco, drive/operate heavy machinery or do anything else that requires your focus and attention. When appearing via Zoom,

1. make sure your name appears correctly on the screen and “rename” yourself, if necessary;
2. use appropriate backgrounds, virtual or actual, and appropriate profile photos when video is turned off (no explicit or offensive language or images);
3. do not speak out of turn or “unmute” your microphone when you or your case is not being directly addressed, and do not needlessly interrupting court proceedings;
4. do not send direct messages to the judge or anyone else on the chat; and
5. follow any other directions given by the judge and/or court staff, including other directions on this page relevant to your in court appearance.

Pre-trial Motions

Any pre-trial motions may be filed with the Domestic Violence Clerk of Courts, or via fax to (305) 971-5046, prior to the hearing date, include your case number in the subject line of this email.

Visit the Florida eFiling Portal at https://www.myflcourtaccess.com/authority/

Create an account and follow the prompts. You will need your case number.

For additional instructions and video tutorials please visit https://www.myflcourtaccess.com/authority/

IF YOU ARE IN IMMEDIATE DANGER, PLEASE CALL 911 FOR POLICE ASSISTANCE.

Evidence and Evidentiary Exhibits

IN PERSON Hearings: You should bring with you to the courthouse any evidence you intend to present during the hearing. Filing exhibits in advance or emailing the evidence to the court is not enough. Just because you bring evidence does not mean the court will be able to consider the evidence.

IN PERSON OR ZOOM HEARINGS: Parties may submit evidence for the Court to review at trial only by sending their evidence via e-mail to DVSD02@jud11.flcourts.org. You may contact the Judicial Assistant to confirm the evidence has been received. Please note the Judge does not review any evidence until the final hearing. It is each party’s responsibility to present evidence to the court. The court is not allowed to look for evidence, request it from the police, or look at evidence outside the parties’ presence. Do not email or send any evidence to the court. At your next hearing, ask the court for instructions on how to submit evidence. All evidence a party is seeking to introduce must be in English or translated into English.

Witnesses

If either party has an essential witness that has direct personal knowledge of the allegations in the petition, then the court will determine whether the witnesses’ testimony is necessary and may continue the case if the witness is not available.

Children are NOT permitted to testify UNLESS a motion is filed pursuant to Fla.Fam.L.R.P.12.407, and an order allowing the testimony is granted, prior to the hearing.

Respondent Firearm Affidavit (Firearm Affidavit form)

Respondents must fill out a Firearm Affidavit form describing any and all firearms and ammunition in their possession and email the form to jlaso@jud11.flcourts.org.

Include your case number and your name in the subject line of the email. The link to the Firearm Affidavit is on this webpage.

Timesharing and Visitation of Children (Acknowledgment of Paternity)

Any father seeking an order for temporary visitation, who has not had paternity legally established or who was not married to the child’s mother at the time of the child’s birth, must fill out an Acknowledgment of Paternity form and email the form to the case manager at mpestana-coll@jud11.flcourts.org. Please include your case number and your name in the subject line of the email. The link to the Acknowledgment of Paternity form is on this webpage.

Temporary Support (Short Form Financial Affidavit)

In cases where temporary support issues have been alleged in the pleadings, both parties must fill out a Short Form Financial Affidavit and email the form to the case manager at mpestana-coll@jud11.flcourts.org. Please include your case number and your name in the subject line of the email. The link to the Short Form Financial Affidavit is on this webpage.