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What Are Your Rights at an Injunction Against Dating Violence Hearing in the Orlando, Florida Area?

The parties in a domestic injunction proceeding have full due process rights. Due process demands fair notice and a real opportunity to be heard and defend before a court imposes judgment. To be fair, notice must be of such nature as reasonably to convey the required information, and it must afford a reasonable time for those interested to make their appearance. 

While there are no hard and fast rules about how many days constitute a reasonable time, the party served with notice must have actual notice and time to prepare. The time requirement will vary based on the type of proceeding and circumstances surrounding it. However, Florida’s courts have routinely held that if service of notice is made to a party only a few days or less before an adversarial hearing on the merits, then the notice is not fair and reasonable.  

If a court issues a temporary injunction for protection against domestic violence, that injunction is served by the sheriff’s deputies on the respondent. When the respondent receives the injunction, they can hire an attorney to represent them at the injunction hearing if they choose to do that. Or the respondent may represent themself at the injunction hearing. 

In Seminole County, Florida Harbor House has attorneys that file the injunction and represent the petitioner at the injunction hearing. Or the petitioner may hire a private attorney to file an injunction for protection against domestic violence. Further, the petitioner may file their own petition, and then hire an attorney to represent them at the injunction hearing. 

The hearing on whether the court will issue a permanent injunction  is usually set approximately two weeks from when the temporary injunction was issued by the court. 

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.