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What Happens at a Florida Injunction Hearing?

There are a couple of steps to the injunction process that a petitioner, the person seeking protection, must take to secure an order against the respondent, the person allegedly committing or threatening to commit violence.

The first step is filling out all the necessary paperwork correctly and submitting it to the court. It is critical to demonstrate substantial evidence that violence took place. An attorney is best when trying to determine if you have substantial evidence of your claim or not.

Next, a judge will decide whether to issue an injunction after determining if the petition has the correct information and the evidence is sufficient. A temporary order is then set in place until a final hearing date gets set.

The respondent cannot have any contact with the petitioner until the judge makes a final ruling on the matter. This means the person(s) subjected to the temporary order may have to adhere to some of the following guidelines:

• Cannot return home
• Pay support
• Don’t try to communicate with the petitioner through common friends and family
• Keep a specified distance from the petitioner

At the final injunction hearing, both parties will present their side of the case, call witnesses to testify, and submit evidence. Attorneys representing the parties are not mandatory in these proceedings but highly suggested given the relaxed nature of evidentiary rules and court procedures during injunction hearings.

Common Questions Regarding Florida Injunctions

Do People Sometimes Lie to Get an Injunction?

Yes, people can lie in injunctions.  While injunctions are important to protect victims from legitimate violence and threats of violence, people do sometimes lie in their petitions.

Common reasons a petitioner may lie on their injunction paperwork and in testimony include:

• Jealousy and/or spite
• Revenge
• Impending divorce
• Custody dispute
• Infidelity in the relationship
• Harassment
• Maintain control/power over the other person
• Teach them a lesson
• Mental illness

If you believe you may be a victim of a situation which requires an injunction, contact Fighter Law right away at (407) 344-4837.

Which County Court Should I File My Injunction In?

You can file for an injunction in the county where you live. It doesn’t matter if your residence is permanent or temporary, where the respondent lives, or where the violence occurred. There is no minimum residency requirement.

What Happens if the Petitioner or Respondent Doesn’t Show Up for the Final Injunction Hearing?

If a petitioner doesn’t come to the final court date, absent exceptional circumstances, the court will usually dismiss or throw out the injunction and the respondent will be free to go. If a respondent does not show up, and if the petitioner indicates to the court that they still want the injunction, the court will usually grant the petition. The court will want to see proof that the respondent was notified of the hearing.

Can One or Both Parties Seek Amendments or Later Dismissal of an Injunction?

Yes.  Florida law specifically allows for that. The party (or parties) must petition the court. But be warned – the injunction will NOT be considered amended or dismissed until the judge signs an order indicating that.

What Can the Court Do to Me If An Injunction is Entered Against Me?

The court has the authority to order you to do several things depending on the circumstances of your case. Typically, those who have an injunction granted against them may have to:

• Not have contact with the petitioner
• Attend a class like a batterer’s intervention course
• Prohibit you from accessing or owning firearms
• Supervised visitation with your children
• Any other conditions deemed necessary by the court

Knowledgeable Florida Injunction Attorneys

Whether you need to file an injunction or are the target of one, the first thing to do is contact a lawyer. Your lawyer will ensure that your rights and best interests are a top priority throughout the entire process. Attorney Thomas Feiter is a Board-Certified and AV Rated Preeminent criminal defense lawyer who can help you seek an injunction or preserve your reputation. Our team has decades of experience assisting Florida residents to find resolutions to their domestic violence cases. Contact us today online or by phone at (407) 344-4837.