AAA Family Law Serves the Orlando Central Florida Metro Area from Altamonte Springs
Domestic Violence Injunctions
The Six Things You Need to Know From Your Domestic Violence Attorney
Domestic violence injunctions, commonly known as “restraining orders,” are intended to protect their victims of this violence. They cover situations of people who live or have lived in the same household. The person requesting the injunction is know as the Petitioner and the one to whom it applies is the Respondent.
I. The Petition
To petition for a preliminary injunction against domestic violence in the Orlando metro area you only have to complete a form with the clerk of the area court of jurisdiction. See Courthouse Maps. The Petitioner needs only to allege being in imminent danger of becoming a victim of domestic violence and does not have to pay a fee.
II. The Decision of the Judge
A judge will review the petition, and without conducting a hearing, can grant a temporary domestic violence injunction. Thus, the Petitioner does not actually have to prove anything before obtaining a temporary injunction.
III. The Serving of Papers
After the judge makes the decision, the Respondent must be served with:
(1) a petition,
(2) an order for the temporary injunction, and
(3) a notice of the preliminary hearing.
If the judge granted the preliminary injunction, the Respondent served with these documents must immediately vacate the residence that is shared with the Petitioner, and is not allowed to contact the Petitioner in any way.
Even if the domestic violence injunction is not expressly on behalf of the couple’s children, but just for the protection of the spouse or parent, the Respondent will be practically shut out of his life with the couple’s children. This is because the children will continue to reside only with the Petitioner, with whom the Respondent is not allowed to communicate until the next hearing.
IV. The Hearing
The court that issued the temporary injunction schedules a hearing within fifteen days of issuing the injunction. This is done regardless of the judge’s decision. Of course, if the injunction is denied, the petitioner can choose to drop the petition or argue for the injunction at the hearing. The Respondent can choose to accept the injunction or object to it at the hearing.
At the hearing, the Petitioner needs to establish, by “a preponderance of the evidence” (which is a less stringent test “without a reasonable doubt”) that he or she is in imminent danger of being a victim of domestic violence. In that case, the judge will issue a Final Judgment of Injunction for Protection Against Domestic Violence.
The final injunction may last indefinitely (“until further order of the court”) or for a set duration (such as, six months). The judge issuing the injunction also has the discretion to:
(1) grant the Petitioner exclusive use or occupancy of the home,
(2) establish a time-sharing schedule with the children, and
(3) order both temporary child support and temporary alimony.
Whether you are a Petitioner or a Respondent, the outcome of the Petition for a Domestic Violence Injunction will strongly influence the direction of any upcoming divorce or paternity case. This is because injunctions can be used by the Petitioner as a negotiating tool.
To some Petitioners, the injunction acts as a nice alternative to the much lengthier and costlier divorce or paternity suit (which must be filed separately). Unfortunately, the Florida domestic violence injunction statutes make it all too easy to do this. The injunction can also influence the decision of the judge in any subsequent divorce case.
VI What You Need to Do
It is both risky and foolish to represent yourself at and domestic violence injunction hearing. You need the expertise of someone who knows the nuances of the law and has the experience of representing many clients in these cases.
If you are a party in an upcoming hearing on an Orlando domestic violence injunction, please call AAA Family Law, LLC, and schedule a 30-minute consultation. As your domestic violence attorney, I will prepare you for this hearing, and maximize your chances for a favorable outcome.
If you need representation in an Orlando area domestic violence case, please Contact us to make an appointment for a free 30-minute consultation.
Mr. Mejias has nine years of experience as a Florida family law attorney,
and has been, for three years, an Orlando domestic violence attorney, from Altamonte Springs for the last year.
The great majority of clients are charged a fixed attorney retainer fee that you will know before deciding to sign with AAA Family Law.
Office phone: (407) 260-6001
Mon-Fri 9 am to 6 pm, or Sat 12 pm to 5 pm
AAA Family Law is close to the following cities of the Orlando Metropolitan area:
Orange County: Apopka, Bay Lake, Belle Isle, Eatonville, Edgewood, Lake Buena Vista, Maitland, Oakland, Ocoee, Orlando, Winter Garden, Winter Park and Windermere. Seminole County: Altamonte, Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford and Winter Springs. Volusia County: Daytona Beach, Daytona Beach Shores, DeBary, DeLand, Deltona, Edgewater, Holly Hill, Lake Helen, New Smyrna Beach, Oak Hill, Orange City, Ormond Beach, Pierson, Ponce Inlet, Port Orange, South Daytona. Lake County: Astatula, Clermont, Eustis, Fruitland Park, Groveland, Howey-in-the-Hills, Lady Lake, Leesburg, Mascotte, Minneola, Montverde, Mount Dora, Tavares and Umatilla.