Brevard County Court Records Lookup

Brevard County Courts, FL *

Brevard County, also known as the Space Coast, is often associated with NASA's Kennedy Space Center. This is a center for advancements in the field of aerospace. The county ranks among the most populated counties of Florida, as it has a population of approximately 650,000. Additionally, the county has a broad and widely dispersed clientele and tries a variety of cases.

A broad range of legal issues falls under the jurisdiction of the courts of Brevard County, including criminal cases (both felonies and misdemeanors), civil suits, and cases about divorce and child custody issues. In addition, they deal with cases involving probates and estates, juvenile cases, disputes involving landlords and tenants, and small claims suits. It should be noted that for such an extensive and populous region as Brevard, it is crowded within the judicial system.

Overview of the Brevard County Court System

The Florida State Courts System is an example of a single-court system governed by the Florida Supreme Court and the Office of the State Courts Administrator, to which Brevard County courts belong. There are two tiers of trial courts and two tiers of appellate courts in the Florida court system, namely circuit courts and county courts at the trial level, and district courts of appeal and the Supreme Court at the appellate level. This single plan helps Florida's 67 counties have uniform procedural rules.

The Moore Justice Center in Viera is the primary courthouse in Brevard County. It handles the majority of court cases that come through the county. Additionally, there is another courthouse in Titusville and one in Melbourne, making it easier for people from the northern and southern ends of the county to file their cases.

The Brevard County Clerk of Courts is the focal point that handles all record management activities within the County's courts. Record-keeping activities by the Clerk's office are done in digital and hard copy forms, and the office is responsible for managing most record requests.

Types of Courts in Brevard County, Florida

It is crucial that one file their case in the right court since each of the courts within the Florida court system has jurisdiction limitations. Filing the case in the wrong court will only result in unnecessary delays, rejection of the case, and more expenses. The court system within the county consists of a two-tier trial court system.

Circuit Court

The 18th Judicial Circuit Court operates in both Brevard and Seminole counties. This is where serious civil and criminal cases are heard in Brevard County.

Primary location: Moore Justice Center (Viera)

Jurisdiction includes:

• Felony criminal cases
• Civil cases exceeding the sum of $50,000
• Family law issues such as divorce, child custody, child support, and adoption
• Probate/guardianship proceedings
• Juvenile delinquency and dependency cases
• An appeal filed from the County Court

The most significant cases are heard in the Circuit Court; for instance, felony trials, complex divorces, civil disputes, and child custody cases. The judges here are elected by popular vote to conduct both jury and bench trials. The court also has Drug, Mental Health, and Veterans Court Divisions, which take a modern approach to cases where wraparound services are just as critical as legal results. The Brevard County Clerk of Courts' office maintains records of Circuit Court cases.

County Court

The Brevard County Court is the court of the lower level for both civil and criminal matters, where its jurisdiction is below that of the Circuit Court.

Primary location: Moore Justice Center (Viera)

Jurisdiction includes:

• Misdemeanor criminal cases
• Civil cases for up to $50,000
• Small claims cases for up to $8,000
• Violations and infractions of traffic laws
• Eviction cases between landlord and tenant

Most of the inhabitants of the county find themselves charged in the County Court because of violations of traffic laws or disputes with contractors, landlords, or misdemeanor crimes. The court is intended to be accessible and efficient, and many people who are involved in small claims cases do not have an attorney.

Probate and Guardianship Division

In Brevard County, probate cases are processed by a special division of the 18th Judicial Circuit Court, which operates within the Circuit Court system.

Primary location: Moore Justice Center (Viera)

It handles:

• Management of the estates of deceased persons
• Contestations and confirmations of wills
• Guardianship of minor children and mentally incompetent adults
• Trust disputes
• Commitment of individuals due to mental illness

For many, a probate process is uncontested, meaning that the surviving relatives arrange for the required paperwork, and there are no court proceedings involved in the matter. However, if there are disputes in handling the estates or in guardianship issues, the proceedings will be conducted through a trial by the circuit court judge.

How to Access Brevard County Court Records

Under Florida's extensive public records law (Florida State Statute Chapter 119), most court documents in Brevard County are public records. Some exceptions are juvenile records, sealed criminal cases, family law records with minor children, and active law enforcement investigations. Generally, the records are maintained confidentially, and only a court order can grant access.

Online Access

The website where one can find most of the court records for Brevard County online is the Brevard County Clerk of Courts Online Records Portal. It includes data on civil, criminal, traffic, and probate cases available for public access. The Florida Courts E-Filing Portal and the Orange County Clerk website offer more comprehensive access to records at a state-wide level from the circuit courts in Florida. Try to gather as much identifying information as possible, a complete name, case number, approximate date the case was filed, or type of case, before searching.

Alternative Online Options

Government websites are so detailed that it might make it difficult for one to navigate the process, especially if individuals do not know which court or county the information is stored in. Sites such as CourtCaseFinder provide access to public records, including case files, divorces, arrest records, and more. This type of online resource is handy when conducting background research or if an individual doesn't know where the case was originally filed.

In-Person Requests

For certified copies, or to obtain older records or those not yet available online, the Brevard County Clerk of Courts, which is housed in Viera, Titusville, and Melbourne, will be able to assist. One should provide as many details as possible to help the clerk identify the party. The clerk's office will assist in locating the documents for certification, but it cannot offer legal advice.

Archived Records

In cases where one is dealing with a file for an older case, there is a possibility that the records will have details that are only available in print form, and which can be found in locations outside the existing active files. Individuals should contact the Clerk of the Court to ask where records in storage can be found and whether an appointment is required. A comprehensive response will come from a combination of online research and in-person requests.

For Attorneys and Legal Professionals

Brevard County lawyers use the Florida Courts E-Filing Portal to file civil and family law cases online. All civil filings, regardless of the category, should be made electronically to the circuit and county courts in the state. For a lawyer operating in a place other than Brevard County, it is wise to look at the 18th Judicial Circuit's administrative orders for its local rules, which cover issues such as motion practice, scheduling, and related matters.

In addition, the Brevard County Bar Association is an excellent source of help for those attorneys who travel to Brevard County. They have an outstanding attorney referral service, up-to-date information on new policies at the courthouse, and excellent networking opportunities with local attorneys.

How to File a Case in Brevard County

It is important to know which court a case falls under, how to fill out the correct paperwork, and the complete proper procedures from beginning to end. Mistakes such as having the wrong court or filling out forms incorrectly can delay the case or cause it to be dismissed.

Step 1: Choose the Correct Court

Selecting the right court is the key decision that needs to be made when initiating a lawsuit. In Brevard County, the selection depends on the nature of the case and, in the case of civil disputes, on the value of the case. In small claims worth less than $8,000, one should file a case in County Court, since these proceedings are designed in such a way as not to require the assistance of a lawyer. Other civil cases valued at between $8,001 and $50,000 will also be filed in County Court, but those worth more than $50,000 must be filed in Circuit Court. All felonies, dissolutions of marriages, adoption cases, cases of child custody and maintenance, and all other probate and estate cases fall under the purview of Circuit Court.

Step 2: Complete Required Forms

Having successfully identified the right court, this step involves filling out the appropriate forms. Florida provides a huge number of free fillable forms available via the Florida Courts Help website. These forms are well categorized based on different types of cases, including divorce, name change, eviction, injunction, small claims, and guardianship, among others. The Brevard County Clerk's website also provides information related to the completion of appropriate forms and filing checklists.

Step 3: File the Case

Submit completed forms to the Clerk of Courts at the corresponding courthouse. The main courthouse in Brevard County is the Moore Justice Center, located in Viera. The North Brevard Courthouse in Titusville serves those north of the county, while those who reside in the south of the county should file at the South Brevard Courthouse in Melbourne. Many types of civil cases can also be filed electronically via the Florida Courts E-Filing Portal, which can be quicker and more convenient. E-filing includes both lawyer-filed and pro se filings, which do not necessitate traveling to the courthouse.

Step 4: Pay Filing Fees

Brevard County filing fees depend on the type of case and the court level. Small claims fees begin at approximately $100. County Court civil filings are generally around $300, whereas Circuit Court civil filings are above $400. Other civil filings, like family law filings such as dissolution of marriage, require separate filing fees. All payments must be made when the form is filed. If cost is an issue, request the Clerk for a fee waiver application based on financial hardship through a Statement of Inability to Afford Payment of Court Costs.

Step 5: Serve the Other Party

After filing a case, it is mandatory to formally notify the other party about this fact. It is important to understand that until the proof of the proper service of process with the Clerk is recorded in the court, Florida courts will schedule no hearings, no defaults will be entered by them, and all other legal actions will be halted. Service can be performed either by the Brevard County Sheriff's Office or a licensed private process server in Brevard County. The party starting the lawsuit should provide an address and other necessary information about the identity of the opposing party to the person performing the service.

Step 6: Monitor the Case

After a case becomes active and service has been made, consistent monitoring is necessary. Orders, deadlines, and hearings happen between appearances in Florida; failure to see any of the notifications may result in a default, default judgment, or dismissal of the action. Case progress, hearing schedules, orders filed, and all actions on the docket can be seen at any time through the use of the assigned case number from the Brevard County Clerk's online portal. This site is available to the public.

Brevard County Courthouse Directory

Legal Help and Self-Help Resources

If one is in need of legal help or needs someone to explain the legal process, there are a number of organizations available to help in Brevard County. The following options can be a good starting point for providing individuals with either procedural information or the complete legal assistance they need.

Free Legal Assistance

Community Legal Services of Mid-Florida offers free civil legal services to low-income people throughout Central Florida, including Brevard County. They can provide advice on housing, family law, consumer protection, public benefits, and much more. Applications are income-based, and one can apply online. The Florida Bar's Lawyer Referral Service also helps individuals qualify for free services with a qualified attorney for a small initial consultation fee. Clerk's offices at each courthouse in Brevard County give forms, filing instructions, and advice as to the proper procedure.

Veterans living in Brevard County may seek out assistance from both local and state organizations in relation to legal matters. For example, the Brevard County Veterans Services Office offers services related to benefits and other claims. Another resource available locally is the Brevard Veterans Coalition, which assists the veterans and the surviving family members regarding VA benefit claims, healthcare, and military records. Within the state, one can access a list of all resources available in relation to veterans from the Florida Department of Veterans' Affairs.

For elderly and senior Florida residents, one option is to contact the Florida Senior Legal Helpline operated by Bay Area Legal Services at (888) 895-7873. The helpline operates Monday through Friday from 9 a.m. to 4:30 p.m., providing free legal advice over the phone on civil matters relevant to qualifying seniors. The Senior Resource Alliance, as the regional Area Agency on Aging, provides eldercare assistance, benefits, and legal services in Orange, Osceola, Seminole, and Brevard counties under the Older Americans Act.

Disability Rights Florida is Florida's champion and advocate for all individuals living with disabilities. This organization provides free, confidential legal assistance to all individuals in Florida experiencing disability-related issues.

Local Legal Support

The Brevard County Bar Association provides a referral service for lawyers and may assist people in finding legal services clinics and programs where attorneys volunteer their services in the community. The Florida Courts Help website, serving as the official statewide resource center for pro se litigants, features free downloadable court documents, straightforward advice, and detailed directions for common proceedings such as divorces, name changes, protection from abuse, and small claims. In custody disagreements, criminal prosecution, and complex property cases, retaining an attorney is advisable.

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