Hearing within 15 days
Florida Law provides that the Circuit Court must hold a hearing on a Petition for Injunction Against Domestic Violence within 15 days of the Respondent being served. Usually, the paperwork that is served will provide the date and time of the hearing. It is important to be prepared for this hearing or ask for a continuance so that you can obtain representation.
At the final hearing you will either agree to the injunction or ask for a trial.
If there are any pending criminal charges relating to the allegations in the Domestic Violence Injunction it is extremely important that you consult with an attorney who can advise you on whether it may be in your best interest to agree to the injunction until the underlying criminal case is resolved. Domestic Violence Injunction hearings are recorded, and it is not uncommon for an Assistant State Attorney to obtain the recording, which may be used against you in the criminal case.
If you chose to contest the allegations of domestic violence, you will have a trial. At trial you will have to present evidence to support your argument. Since the rules of evidence do not allow hearsay, you will have to present live witness testimony. You, or your attorney, should be prepared with live witnesses and also object if the other party tries to use hearsay evidence against you. In addition to hearsay, there are many other rules of evidence that a skilled attorney will be able to use in order to best present your case.
NOTE: The information we provide in this blog is not legal advice and should not be interpreted as such. This blog is not a substitute for legal advice and must not be taken as such.