30th Nov 2022
How does the domestic injunction process work?
The domestic violence injunction process begins the moment you file for an injunction. The staff at the courthouse will help you complete all the necessary paperwork and will then be taken to a judge to review. If the judge decides the sworn allegations contained in the paperwork meet the requirements of Florida law for the issuance of an injunction, the judge will enter a Temporary Injunctionvalid for 15 days. A hearing will be set within 15 days, and the Sheriff’s Office will attempt to personally serve the person who the injunction is filed against with the injunction paperwork.
The Temporary Injunction can require the respondent to have no contact with the person filing the injunction (the petitioner), stay away from the petitioner’s home and workplace, vacate a shared residence, award temporary custody of minor children and require the surrender of firearms. The Respondent must be served before these protections go into effect.
During the court hearing, the judge will decide whether to grant a Permanent Injunction after taking testimony from the parties and witnesses, and considering any evidence which is presented. If a Permanent Injunction is granted, it will be effective until it is changed or ended by the judge at either party’s request, after notice and hearing, or until a specific date set by the judge. The Permanent Injunction can require the respondent to have no contact with the petitioner, stay away from the petitioner’s home and workplace, award custody, visitation, child and spousal support, and require the surrender of firearms.
If you have been involved in domestic violence in Miami, then you may want to call an experienced criminal defense attorney for legal advice.