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.

Domestic Violence Injunctions – Florida

Victim of Domestic Violence or Imminent Danger

An injunction for protection against domestic violence is a remedy for someone who is either the victim of domestic violence or has reasonable cause to believe that he or she is in imminent danger of becoming the victim of an act of domestic violence. This is a very serious issue in society. If you are a survivor of domestic violence,  Safe Space is a non-profit organization that can provide you services, including free legal representation at an injunction hearing.

Consequences

A judge will issue a temporary injunction if it appears from the facts in the Petition that the Petitioner meets the requirements for the injunction.If the temporary injunction is granted, the Respondent will not be permitted to contact the Petitioner and will have to surrender any firearms in his or her possession. The Respondent could also potentially be prohibited from returning to his or her residence, to see his or her children, and may even face employment consequences.

Final Hearing

Once the temporary injunction is granted, the court must schedule a hearing within 15 days for the final injunction. It is at this hearing that both parties must present all of their evidence to defend their relative positions. Any witnesses should be subpoenaed to appear at the final hearing to give live testimony. A domestic violence injunction can have a significant impact on any related family case or criminal case. As always, consult an attorney before making any decisions in important matters like these. For more information on the final hearing, click here.

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.