Domestic Violence Injunctions – Civil
Civil Domestic Violence Injunctions begin with one person filing paperwork with the Clerk of Court. In the state of Florida, any individual with a “domestic” relationship may go to the Clerk’s Office and petition for an Injunction for Protection Against Domestic Violence against another person.
A “domestic relationship” is:
- Parents of child, whether or not they are living together or were ever married
- People living together in a romantic relationship.
- Brothers, sisters, cousins, aunts, uncles or other blood relations who currently live in the same household.
- Parents and their adult children who live together.
We see many domestic violence injunction cases, particularly in Pasco County, Florida, where someone has been wrongfully accused of domestic violence. If a person wants you out of their house, all they have to do is file a domestic violence injunction saying they are in fear of you for some reason. If a judge grants that Temporary Domestic Violence Injunction, the Sheriff can come to your house and make you leave. You will be forced to remain out of your home until the hearing date. Hearings are usually held within 15 days.
The sheriff can also confiscate your firearms and weapons.
Do not go to an Injunction Hearing without a lawyer!
During the hearing, each side gets to present their evidence. You need an experienced trial attorney to present your side of the case, and poke holes in the other side.
Especially if you were arrested for Domestic Battery. If you were, you should not testify in court. Whatever you say in Court during a Civil Domestic Violence hearing WILL be used against you in your criminal case. You may think the “evidence” as written in the injunction is ridiculous. But if the other side shows up with witnesses, you will face an uphill battle trying to convince a judge of your innocence. You only get one chance to prove your case. Once the judge rules – it’s over.
Domestic Violence Injunctions can be granted for 3 months, years, or even permanently.
If the Domestic Violence Injunction is granted, you will not be allowed any contact with the Petitioner. Nor will you be allowed on the property – even if it’s your house – without a police escort. If you do contact the other person, in person, by email, on Facebook, through a friend – any contact you have with that person will be a First Degree Misdemeanor, and you will be arrested for it.
The costs of not having an experienced lawyer defend you in a Domestic Violence Injunction hearing are far too high to risk.