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What to Know if You are Filing or Have Been Served with an Injunction for Protection Against Domestic Violence in the Orlando, Florida Area

If you are thinking about filing an Injunction for Protection Against Domestic Violence in the Orlando, Florida area, you can contact Harbor House in Orange County or Safe House in Seminole County. 

They will discuss the issues of domestic violence contained in the domestic violence wheel with you. They will discuss with you how to form a safety plan. They will explain to you the process of filing an injunction for protection. They will explain the court process to you. They will tell you that they will have a representative in court to support you during the injunction hearing. 

Further, you may hire your own attorney to represent you at the permanent injunction hearing or you may proceed Pro Se, that is represent yourself. You can also call witnesses on your behalf to prove the domestic violence. 

Being served an injunction

If you are the one who is served with a temporary injunction by the sheriff, it will state within the temporary injunction paperwork a hearing date on the hearing for a permanent injunction hearing. You can hire an attorney to defend yourself at the injunction hearing, or you can represent yourself and proceed Pro Se. You can also call witnesses or your behalf to defend yourself against the allegations of domestic violence. 

Obtaining an injunction

In order to obtain an Injunction for Protection Against Domestic Violence someone will need to show that they were the victim of domestic violence or are in imminent fear that they will be the victim of domestic violence. There must be an objectively reasonable fear of imminent danger. The crucial element to prove and obtain an Injunction for Protection Against Domestic Violence is for one to establish that they are the victim of domestic violence or have a reasonable cause to believe that they are in imminent danger of becoming the victim of domestic violence. 

Understanding the Petition for Injunction Against Domestic Violence

The court cannot hear unpled alleged incidents of domestic violence that were not included in the pleading of the Petition for Injunction Against Domestic Violence. Therefore, all facts must be included in the Petition for Injunction Against Domestic Violence. 

It is a violation of Respondent’s due process for the judge to hear testimony at the injunction hearing on unpled allegations that were not included in the Petition for Injunction for Protection Against Domestic Violence. Florida Statute 741.30 requires the Petitioner to include in their sworn pleadings the specific facts and circumstances upon which relief is sought. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.

This article is for informational purposes only and does not form an attorney client privilege.