What To Expect at a Domestic Violence Injunction Hearing

Unfortunately, domestic violence is a fact of life that some people need legal help to deal with. In Florida, a domestic violence injunction is a type of restraining order. The Orlando justice system offers two types of domestic violence injunctions–temporary orders and permanent orders. Consequently, two types of hearings are available–ex parte hearings and full hearings. If you are the party requesting the injunction, you might have to attend both.

Who Can Request a Domestic Violence Injunction?

Not everyone can request a domestic violence injunction. It depends on your relationship with the person you are seeking protection against. To qualify to seek a domestic violence injunction, your relationship with the accused must fall into one of the following categories:

  1. Spouse or former spouse
  2. Blood relative
  3. Relative by marriage (in-law)
  4. You share a child with the accused, regardless of whether you ever married or lived together with the accused.
  5. Member of the same household, even a roommate

To qualify for a domestic violence injunction, you must be in one of the foregoing domestic relationships with the accused. You must have suffered violence, threats, stalking, or another form of abuse that caused you to reasonably fear imminent harm. Remember that other legal remedies are available for victims of violence that do not qualify as ‘domestic’ by the foregoing standards. These remedies are beyond the scope of this article. 

The Burden of Proof

You bear the burden of proving that you qualify for a Florida domestic violence injunction. The standard of proof is “a preponderance of the evidence” (more likely than not or 51% likelihood), which is a much easier standard of proof to meet than the ‘beyond a reasonable doubt’ standard that courts use in criminal trials.

The Ex Parte Domestic Violence Injunction Hearing

An ex parte domestic violence hearing is a hearing where you appear before the judge alone or with your lawyer. The accused is neither present nor invited to attend. Because of this, an ex parte order is only temporary–it lasts until the court can schedule a full hearing with both sides present. The reason for allowing an ex parte hearing is urgency. If you are suffering domestic violence, you might not have two weeks to wait for a full hearing—you need action now.

At the hearing, you can expect the opportunity to:

  • Present your testimony: The judge will ask you to describe the domestic violence you have experienced, including any ongoing threats.
  • Submit your evidence: This might include police reports, medical records, photographs of your injuries, threatening messages from the accused, witness statements, etc.

If the judge is convinced, they will issue a temporary domestic violence injunction and schedule a full hearing to consider whether to issue a permanent injunction. Temporary injunctions typically last up to 15 days.

The Contents of a Domestic Violence Injunction

Following are some of the typical restrictions that a judge might impose upon the accused:

  • No future acts of domestic violence or harassment (stalking, for example).
  • Keep 500 feet from your residence, your office, or your child’s daycare center, for example.
  • No verbal, written, personal, or electronic contact with you.
  • No attempts to contact you through a third-party intermediary, even for an apology.
  • Pay child support on time.
  • Attend domestic violence counseling.
  • Turn in all firearms.
  • Vacate the residence they share with you.
  • Abandon visitation with your shared children for the duration of the injunction.

The court will issue a copy of the injunction to you, the accused, and the police department where you live. Keep a copy on your person at all times.

The Full Injunction Hearing

The full injunction hearing should take place before the temporary injunction expires. It will resemble the ex parte hearing with one critical difference. This time, the accused will have the opportunity to attend and oppose the injunction using evidence, witnesses, etc. 

If the accused fails to attend, the court might issue you a final injunction by default. It might last for six months, a year, five years, or indefinitely–it all depends on the judge. If the judge does issue a permanent injunction, Florida will photograph and fingerprint the accused, and they will have to pay the court a penalty of $50 to $500.

Talk to an Orlando Domestic Violence Attorney

Don’t try to represent yourself in a domestic violence case. The stakes are simply too high. An  Orlando domestic violence lawyer can help you win a domestic violence injunction or defend against one if necessary. It is extremely important, however, that you get a lawyer involved in your case as soon as possible. Don’t wait until it is too late. Contact McMichen, Cinami & Demps today to schedule a free consultation with an Orlando domestic violence attorney.

Contact Our Domestic Violence Law Firm in Orlando, FL

Contact the experienced Orlando domestic violence lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803