Filing Domestic Violence Injunctions are not easy choices to make. In fact sometimes it can put you more at risk if your abuser is not afraid of going to jail. Thus, even when you are clearly entitled to an injunction it is a decision that needs to be carefully thought out.
You also do not want to run the risk of filing an injunction that could be deemed frivolous or not well founded. Often law enforcement tells people to file injunctions without necessarily knowing all the facts and whether an injunction is warranted. However, if the Court finds your injunction is not well founded it could adversely affect you in your custody proceedings.
Thus, the filing of an injunction should not be taken lightly and it is best to seek the advice of a professional should you believe one is necessary.
Process for Filing Once you Decide to File and Injunction
Under Florida law, you have the option to file an injunction which prohibits the abuser from having any contact with you. Should they violate the injunction they can be immediately sent to jail. Continued violations can result in even more serious consequences.
The lawyers at the Heskin Martinez Law Group do not take injunctions lightly and are here to help you through every step to ensure your safety. We will first put together a safety plan for you and file for an emergency temporary injunction.
If the temporary injunction is entered, a final hearing will be set approximately two weeks later at which point the Court will decide after hearing all of the evidence whether a Permanent Injunction is warranted. While a temporary injunction is often very easily obtained, when seeking to make the injunction permanent it will be much more difficult and sufficient evidence needs to be presented to convince the judge that an injunction is warranted. Given that often it comes down to a he said/she said situation presenting the appropriate evidence is critical to your success.
Not everyone accused of domestic violence has actually perpetrated it. In fact sometimes injunctions are sometimes wrongfully used as an expedited means of obtaining a Court order for exclusive use of the home and custody. Permanent injunctions become part of your permanent public record.
Thus, even if you don’t care about having contact with your accuser, it is important to contest it. Given how quickly the hearings are set after the temporary injunction is granted it is imperative that you get representation sooner rather than later so that your attorney has sufficient time to prepare for the hearing.
Please call us if you have any questions about Domestic Violence Injunctions. Call us at 407-403-5990 or contact us (below) to schedule your appointment.