Domestic Violence Injunction Hearing Florida

Domestic Violence Injunction Hearing Florida

Domestic Violence Lawyer Orlando Florida, Domestic Violence Lawyer Tavares FL

You are the Petitioner that wants the court to grant you relief, or the Respondent that must answer the Petitioner’s domestic violence allegations raised against you. If you are the Petitioner, you have accused someone of violence and want to be protected immediately. Respondent, you have been accused of some form of domestic violence and want to defend yourself against having an injunction issued against you. Let the seriousness of a domestic violence accusation sink in and consider calling a domestic violence lawyer Orlando Florida right away to represent you at your domestic violence injunction hearing Florida.

Ok, are ready to hear about the reality of the situation? Your first thoughts will likely be those of a rewind artist (playing back the alleged incident(s) in your mind for clarity and verification of your innocence or guilt). Then, once any panic has set in, you might ask yourself, “how did I get myself into this situation?” Life is MESSY. There is rarely any linearity, but there is plenty of zig-zagging.

Sometimes people find themselves in relationships that face hardships and struggles, or discussions that they should not have because the words spoken will likely lead to conflict. In those moments when hurtful words were spoken, adding a filter and an intellectual spin to those phrases and sentences was likely not factored into the equation. Both parties can be affected. Attorney Jonathan Jacobs is a domestic violence lawyer Orlando Florida, and a domestic violence lawyer Tavares FL.

Domestic Violence Injunction Hearing Florida

The Petitioner (the party that has alleged you, the respondent, have committed a form of domestic violence or will imminently do so) has filed for an injunction against you to prevent you from committing further (or future) acts of domestic violence (abbreviated as DV). During a domestic violence injunction hearing Florida, a judge will hear the case brought by the Petitioner against you. Both parties will need to go to the courthouse, a public forum, where you Petitioner will contend that he/she is in danger, and the respondent will argue his/her innocence, and perhaps has filed his/her own petition for injunction against the original petitioner. Remember that charges and accusations work both ways, with both genders as the petitioner(s). Men accuse women, and women accuse men. How will the Respondent answer these charges and protect him/herself to the best of their ability against them? What are the Petitioner’s concerns? Will he/she receive the protection they have asked the court for? These are the questions the Judge assigned to your case will hear during the domestic violence injunction hearing Florida.

Domestic Violence Lawyer Tavares FL

Hire an Injunction Attorney Orlando for your Domestic Violence Injunction Hearing Florida

Decide whether to hire an injunction attorney Orlando to enforce and protect your rights. Once you have hired an attorney, together you will prepare for the subsequent proceedings by thoroughly reviewing your case and the evidence for and that could be brought against you. Before the injunction hearing there may be time for depositions, and of course discovery requests may be propounded. This can help determine the validity and strength of the accusations, and for building a strategy for litigating at the hearing.

Ultimately, during the hearing, both sides will argue before the Judge about whether an injunction is warranted under the circumstances. Based on Florida statutory law, the Judge will ask the parties if there is a threat of imminent danger. Also, is the domestic violence likely to recur, if it has occurred at all? This is a fact-specific inquiry. I liken this proceeding to a figure skating or boxing contest. Judges sit in different places and may often view the proceeding in a totally different way than the contestants do. It is all about perspective based on the evidence presented and allowed in pending any evidentiary objections propounded by the attorneys or litigants themselves. Consider if you need to hire an injunction attorney Orlando today.

Hire an Injunction Attorney To Help You Win Your Case

A domestic violence attorney can help you prepare evidence for the DV injunction hearing(s), as well as argue before the court on your behalf. An attorney can ask the probative questions of the other side that are necessary to bringing the facts to light. Essentially, if you hire an injunction attorney Tavares, may be significantly helpful to winning your case.

Two statutes that will allow you some insight into the Florida Statutes often argued in domestic violence proceedings are Florida Statute 741.28 and 741.30(1)(a). Florida Statute 741.28 defines domestic violence as assault, battery, kidnapping, false imprisonment, death, and the list continues. Meanwhile, F.S. 741.30(1)(a) stresses that the Petitioner must prove that violence has occurred or that violence will imminently occur without the court’s timely intervention. As our Florida Law Blog explains, the Statute also offers the factors the court will consider in evaluating the legal strength of the Petitioner’s accusations. Attorney Jacobs is a practicing domestic violence lawyer Orlando Florida, domestic violence lawyer Tavares FL.

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