Domestic Violence Injunction Hearing

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.

Options

At the final hearing you will either agree to the injunction or ask for a trial.

Criminal Charges

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.

Trial

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.

Treasure Coast Drug Arrests

Possession of a Controlled Substance

Florida has very strict laws on possession of controlled substances. It is important that a knowledgeable criminal defense attorney analyzes your case and identifies any possible defenses.

Constructive Possession

When a vehicle is jointly occupied, evidence of mere occupancy is not enough to convict someone of possession of drugs found in the vehicle. In order to convict a person of constructive possession, the prosecutor must prove that 1) the person knows of the nature of the drugs, 2) the person knows of the drugs presence in the vehicle, and 3) the person has the ability to maintain control over the drugs. If the state cannot prove all three elements beyond a reasonable doubt, a person cannot be convicted of possession.

Sholtes Law is located in Fort Pierce, Florida, and serves the entire Treasure Coast. Contact our office today if you or a loved one has been charged with a drug offense.