What is the Process to Obtain An Injunction Against Domestic Violence in the Lake Mary, Florida or Orlando, Florida Area?
- August 29, 2024
- ontarget
- Family Law
- 0 Comments
You can go to the clerk of court in the county where the incident occurred to file an injunction of protection against domestic violence. If you live in Orange County, Florida, you can contact Harbor House for help. In Seminole County, Florida you can contact Safe House for help. There are also attorneys who will help you with the injunction. Or you can hire a private attorney to help you.
The injunction forms are on the Florida Supreme Court site under Domestic forms or under the Clerk of Court Domestic forms. You can download the forms there if you want to read the instructions and review the forms prior to going to the clerk’s office. You can also fill out a rough draft of the form and bring it to Safe House in Seminole County, Florida or Harbor House in Orange, Florida to obtain guidance and assistance.
You file the injunction of protection against domestic violence at the clerk’s office. Then, the judge issues a temporary injunction for protection against domestic violence or denies it. If it is granted, then the sheriff serves the injunction on the respondent (the person you got the injunction against). The judge then sets the injunction for hearing and issues a notice of hearing.
At the hearing, you testify as to what the respondent did to you. You can only present evidence and testimony as to what was in the injunction petition. Therefore, make sure you include all details in the injunction petition. You can call witnesses. You can present evidence such as texts or emails or whatever evidence you have to support your case for an injunction if the evidence is relevant.
Then, the respondent puts on his/her evidence. He/she can testify on his/her behalf, he/she can call witnesses to testify, and he/she can present relevant evidence.
The judge then makes a ruling on whether to issue a permanent injunction or dismiss the temporary injunction based on the evidence presented. Before you leave the courtroom, both you and the respondent will receive a copy of the order on injunction or the dismissal of the injunction depending on how the judge rules on the testimony and evidence.
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. You may also visit my website at: https://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney client privilege.